1 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY

Transcription

661
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SUPREME COURT OF THE STATE OF NEW YORK
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COUNTY OF NEW YORK : PART 3
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----------------------------------------X
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ALM UNLIMITED, INC.,
6
Plaintiff,
Index No.
7
- against -
603491/08
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DONALD J. TRUMP,
10
11
Defendant.
---------------------------------------X
12
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April 16, 2013
60 Centre Street
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New York, New York
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B E F O R E:
HONORABLE EILEEN BRANSTEN, JSC
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A P P E A R A N C E S:
ITKOWITZ PLLC
Attorneys for Plaintiff
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305 Broadway, 7th Floor
New York, New York
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BY:
JAY B. ITKOWITZ, ESQ.
and
PETER H. WILTENBURG, ESQ.
22
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BELKIN BURDEN WENIG & GOLDMAN, LLP
Attorneys for Defendant
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270 Madison Avenue
New York, New York
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BY:
JEFFREY L. GOLDMAN, ESQ.
and
NICHOLAS M. DAVID, ESQ.
26
Donna Evans, Official Court Reporter
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Danzer - by Plaintiff - Direct
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THE COURT:
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(Whereupon, the jurors entered the courtroom
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Bring the jury down.
and resumed their respective seats in the jury box.)
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THE COURT:
Jurors, please be seated.
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I just wanted to let you know that I told you
7
yesterday that I was the ex-parte judge for the week,
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and one of the things that happens when you are
9
ex-parte Judge is that you have events that have to be
10
taken care of, and we started before lunch and we
11
continued right at 2:00 and it's taken this length of
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time to resolve it.
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you, it was just because it was something else that had
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to be dealt with before.
So it's not because I was ignoring
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Mr. Danzer, please come up.
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J E F F
D A N Z E R, having first been
17
previously sworn, resumed the witness stand and
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testified further as follows:
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THE COURT:
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Mr. Danzer I remind you you're
previously sworn, you remain under oath.
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You may continue in your direct examination.
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MR. ITKOWITZ:
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DIRECT EXAMINATION (Continued)
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BY MR. ITKOWITZ:
Thank you, your Honor.
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Q
Mr. Danzer, there's been testimony in this case
from Mr. Ross that you told Mr. Ross that if he didn't go
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along with you you would kill the deal.
Is that true?
3
A
Absolutely not.
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Q
I show you what's been marked as Exhibit 32.
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Excuse me, 96, Trial 96.
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THE COURT:
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MR. ITKOWITZ:
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9
Q
Is it in evidence?
Actually I withdraw that.
Let me ask you this.
You spoke about a meeting
that occurred with PVH on August 26?
10
A
Yes.
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Q
After that meeting, what steps, if any, did you
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13
take to help bring the matter forward?
A
After the meeting with Phillips Van Heusen
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August 26th I started with Cathy Glosser to try to have
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conversations as to what the next step should be.
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meeting at PVH.
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what they wanted to do, what we wanted to do to get a
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proposal from them.
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president of licensing for Phillips Van Heusen and we
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started moving the ball forward.
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back to Cathy, et cetera.
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Q
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later?
So we had to set up a meeting, figure out
I contacted Ken Wyse again, the
MR. GOLDMAN:
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THE COURT:
Q
Comments from Ken bring
Did you meet with Miss Glosser a couple days
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This is a
Objection, leading.
Sustained.
Did you have occasion to meet with Miss Glosser
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following the August 26 meeting?
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MR. GOLDMAN:
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THE COURT:
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What, if anything, did you do --
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Objection, leading.
Still leading.
BY MR. ITKOWITZ:
Q
What, if anything, did you do in terms of
Miss Glosser after the August 26 meeting?
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A
We set up a time to meet.
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Q
Did you meet?
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A
Yes.
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Q
What occurred at the meeting?
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A
We discussed what Trump wanted.
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we wanted to do with regard to next steps.
Q
What, if anything, did you do to encourage PVH to
submit a proposal?
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MR. GOLDMAN:
18
THE COURT:
19
We discussed what
A
Objection, leading.
I'll allow that.
I spoke with Miss Glosser, then I spoke with Mr.--
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with Ken Wyse.
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Phillips Van Heusen, the proposal we discussed back and
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forth, what the Trump Organization wanted, what Phillips Van
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Heusen could do, and then Phillips Van Heusen submitted a
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proposal.
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26
I said we need to get a proposal sent to
MR. GOLDMAN:
Objection what Phillips Van
Heusen said.
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THE COURT:
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section.
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Q
Sustained as to that last
Now, did there come a time following the August 26
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meeting -- following the August 26 meeting, after a proposal
6
was submitted, did you -- did there come a time when the
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Trump Organization took over the negotiations?
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A
Yes.
9
Q
And tell us how that occurred?
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A
In the midst of my conversations with
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Miss Glosser, at a certain point in time in any relationship
12
between a licensing agent, a broker and the licensure
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there's a relinquishment saying you can --
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MR. GOLDMAN:
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THE COURT:
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question.
Objection.
Sustained.
That's not the
Please answer.
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Do you want it read back?
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THE WITNESS:
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THE COURT:
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(Record read.)
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A
Yes, please.
Please read it back.
I wrote a letter to Ken Wyse at Phillips Van
22
Heusen saying that he can deal directly with the Trump
23
Organization.
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Q
And why did you write that letter to him?
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A
Because at a certain point in time you relinquish
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the negotiation to the -- between the two parties,
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especially since Miss Glosser had said that the Trump
3
Organization --
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MR. GOLDMAN:
said.
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7
Objection what Miss Glosser
THE COURT:
You can't tell me what
Miss Glosser said, okay?
8
THE WITNESS:
9
THE COURT:
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Okay.
We had that conversation.
did you do?
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THE WITNESS:
I sent a letter saying they
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could deal directly with the Trump Organization.
13
Q
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Did there come a time when an agreement was
reached between PVH and the Trump Organization?
A
Yes.
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MR. ITKOWITZ:
Do we have Plaintiff's Exhibit
78?
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THE COURT:
19
MR. ITKOWITZ:
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THE COURT OFFICER:
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What
What number are you looking for?
Seventy-eight.
Plaintiff's Exhibit
Number 78 in evidence.
BY MR. ITKOWITZ:
23
Q
Exhibit 78 is a -- what is Exhibit 78?
24
A
A letter from Cathy Glosser letting me know that
25
the deal with PVH was finalized, attaching a copy of that
26
agreement.
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Q
And do you know why she sent that to you?
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A
Because I --
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MR. GOLDMAN:
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THE COURT:
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You don't know what she's thinking.
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Q
Objection.
Again sustained.
Did you make a request with respect to --
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MR. GOLDMAN:
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THE COURT:
10
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Objection.
Leading.
Please don't lead, it's a direct
examination.
BY MR. ITKOWITZ:
Q
How did it come about that you received this
letter and the contract it attached?
A
I had a phone call with Cathy Glosser where I was
told --
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MR. GOLDMAN:
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THE COURT:
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THE WITNESS:
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Okay?
Objection.
Did you make that phone call?
Cathy Glosser made that phone
call.
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THE COURT:
After you had that
21
conversation -- did you say anything to Cathy Glosser?
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A
She --
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THE COURT:
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THE WITNESS:
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No, what did you say?
I said hello.
She said it's
Cathy.
THE COURT:
I don't want to hear the
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conversation.
3
happened next?
4
After you had the conversation what
THE WITNESS:
After I had the conversation I
5
sent a letter congratulating the Trump Organization on
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closing the deal with Phillips Van Heusen.
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MR. ITKOWITZ:
I would show the witness
Exhibit 37.
9
(Pause.)
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THE COURT OFFICER:
Thirty-seven in evidence.
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Q
Do you see Exhibit 37?
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A
Yes.
13
Q
This is the letter you wrote after the
14
conversation?
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A
Correct.
16
Q
E-mail?
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A
Correct.
18
Q
Could you read the last sentence to the jury?
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A
I'm looking forward to receiving a copy of the
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agreement sometime today.
All the best Jeff.
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Q
Following that did you receive Exhibit 78?
22
A
I did.
23
Q
Now, I'm going to fast forward to July or
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25
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August -- July and August of 2005.
Did you -- did there come a time when you
learned that the Trump Organization had received payment?
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A
Yes.
3
Q
How did you come across that knowledge?
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A
I don't remember.
5
Q
What, if anything, did you do when you received
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that knowledge?
A
I requested a copy of the royalty report so that I
could send the Trump Organization a bill for ALM's fee.
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MR. GOLDMAN:
For the record, your Honor,
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same objections that we've made in the past with
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respect to all of this.
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THE COURT:
relevancy.
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15
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The issue is a question of
Go ahead.
BY MR. ITKOWITZ:
Q
What followed thereafter, after you requested the
royalty report?
A
I received the royalty report and I sent
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Ms. Glosser an invoice with the royalty report attached.
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The invoice was for 10 percent of the amount of royalties
21
that Mr. Trump received from the PVH deal for that quarter.
22
Q
Now, did there come a time when you had any e-mail
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communications with Ms. Glosser about the agreement that you
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had transmitted in late August to Miss Glosser and Mr. Ross?
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MR. GOLDMAN:
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THE COURT:
Objection.
Leading.
Sustained.
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Q
I show you what's been marked as Exhibit 42.
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Actually I'll show you 40 and 42.
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THE COURT:
This is not in evidence, it's for
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ID only, so please don't read from it.
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evidence.
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8
It's not in
BY MR. ITKOWITZ:
Q
Directing your attention to Exhibit 40.
9
There's an e-mail chain here, correct?
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A
Yes.
11
Q
Were these e-mails that you sent and/or received
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at the time these e-mails were sent?
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MR. GOLDMAN:
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THE COURT:
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Q
Objection, leading.
Sustained.
What are these e-mails about?
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MR. GOLDMAN:
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read documents not in evidence.
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THE COURT:
Objection, calls for him to
If you phrase it differently I'll
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allow it but not if you look at the e-mails.
20
Q
Did you write any of these documents?
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A
Yes.
22
Q
Did you receive any of these documents?
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A
Yes.
24
Q
Can you tell us why you wrote them and why you
25
26
received them?
A
I wrote them to Cathy referencing our deal and
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saying the invoice is on its way.
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fine --
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MR. GOLDMAN:
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THE COURT:
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MR. ITKOWITZ:
7
Miss Glosser had said
Objection.
Sustained.
Your Honor, I would state in
response to the objection, that given --
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THE COURT:
Do you want to come and talk to
9
me about the objection?
10
MR. ITKOWITZ:
11
THE COURT:
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(Whereupon, there's a sidebar discussion off
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Come on up.
the record, out of the hearing of the jury.)
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15
Yes.
MR. GOLDMAN:
Your Honor, I have the standard
objection to Plaintiff's 40 going into evidence.
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THE COURT:
Plaintiff's 40 will be admitted
17
into evidence with the consent of the plaintiff and
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without the objection of the defendant, and subject to
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the same issue of relevancy.
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MR. ITKOWITZ:
21
questions about it.
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about it.
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24
25
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Therefore I don't need to ask
I'm not going to ask questions
(Plaintiff's 40 was received in evidence, as
of this date.)
MR. GOLDMAN:
Your Honor, unfortunately,
plaintiff's counsel was unaware that this document is
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already in evidence as number 79.
3
have the document with two different numbers, both in
4
evidence, I suggest we already use 79 already in
5
evidence rather than having another piece of paper that
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says the same thing.
7
MR. ITKOWITZ:
So rather than now
Rather than stopping and
8
looking right now I would suggest we can cull the
9
exhibits after.
10
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THE COURT:
No.
One piece of evidence is all
I need.
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MR. ITKOWITZ:
Okay.
13
Your Honor, I would suggest that a --
14
(Pause.)
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MR. ITKOWITZ:
I will withdraw that exhibit
16
since the exhibit is already in evidence with another
17
designation.
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THE COURT:
Do you want to show the witness
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Plaintiff's 79 in evidence?
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witness that?
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MR. ITKOWITZ:
THE COURT:
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MR. ITKOWITZ:
26
No, because if it's in we
don't have to spend time.
23
25
Do you want to show the
Go ahead.
We could move this thing
along.
I'll move 42 and 44 into evidence.
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THE COURT OFFICER:
here.
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Here is 42.
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THE COURT:
6
MR. GOLDMAN:
7
THE COURT:
8
Forty-four I don't think is in
Your Honor, 42 and 44 are not
in as far as I understand.
THE COURT:
evidence.
13
14
Same objection.
MR. ITKOWITZ:
11
12
Anybody --
evidence, so why don't you give us 44.
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10
I don't have a 44 up
Mark 42 subject to relevancy in
Mark 44 subject to relevancy in evidence.
(Plaintiff's Exhibits 42 and 44 were received
in evidence, as of this date.)
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MR. ITKOWITZ:
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direct the witness to Exhibit 81.
17
THE COURT:
18
MR. ITKOWITZ:
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COURT OFFICER:
Now, at this time I would
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21
22
That's in evidence.
Q
Now, in this e-mail chain, you were requesting
that Ms. Glosser arrange to get you a check?
MR. GOLDMAN:
24
MR. ITKOWITZ:
26
81 in evidence.
BY MR. ITKOWITZ:
23
25
Yes.
Objection.
Leading.
Okay, I'll withdraw that
question.
THE COURT:
Sustained.
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Q
Look at the first page of this e-mail and can you
3
describe what was going on from the bottom to the top, in
4
terms of why these e-mails were being exchanged?
5
MR. GOLDMAN:
6
THE COURT:
7
Q
Objection.
Ask questions, please.
Did there come a time when you had an exchange
8
with Miss Glosser about whether there was a signed written
9
agreement?
10
A
Yes.
11
Q
What did you do in September of 2005 and late
12
August of 2005 with respect to that?
13
A
I sent Miss Glosser a copy of -- or basically I
14
just cut and pasted what the agreement was that I sent to
15
Mr. Ross.
16
Q
And did she write back to you?
17
A
She said -- yes, she wrote -- yes, she got back to
Q
And did she say -- did she tell you anything was
18
19
20
me.
going to happen?
21
MR. GOLDMAN:
Objection.
Leading.
22
THE COURT:
23
What, if anything, happened next?
Sustained.
24
Q
What happened next?
25
A
I received an e-mail saying that George would --
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MR. GOLDMAN:
Objection.
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3
MR. ITKOWITZ:
What's the objection?
It's
right in the exhibit.
4
THE COURT:
It's already in evidence, it's
5
been talked about a lot.
6
Q
You were starting to say something?
7
A
I received an e-mail from Cathy saying, okay,
8
George will draft something.
9
me posted.
10
11
Q
And I said, okay, please keep
Did you ever receive anything from Cathy or
George?
12
A
I did not.
13
Q
Did you thereafter, after this e-mail exchange,
14
did you receive a check?
15
A
Yes.
16
Q
And thereafter did you receive -- can you tell us
17
if you continued to receive checks?
18
A
Yes.
19
Q
And can you tell us when you would receive checks?
20
A
Every quarter, at the end of every quarter there
21
is a time period, I believe it was 30 days after the quarter
22
ended, we would send an invoice to the Trump Organization, I
23
would send it to Cathy Glosser, and then we would receive a
24
check for a percentage of the previous quarter's royalty
25
payments.
26
Q
And how long did that go on for?
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A
Almost three years.
3
MR. ITKOWITZ:
At this time I would move 44.
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MR. ITKOWITZ:
Evidence.
5
THE COURT:
6
MR. ITKOWITZ:
7
THE COURT:
8
9
10
Q
We already put 44 in evidence.
Okay, sorry.
Subject to relevancy.
How did you create invoices for the Trump
Organization?
A
I received a royalty report.
I calculated the
11
amount of royalties that the Trump Organization was paid by
12
Phillips Van Heusen, I took 10 percent of that.
13
the invoice I sent to them, 10 percent of the amount.
14
15
Q
That was
Now, did there come a time when the Trump
Organization stopped sending you invoices?
16
A
Yes.
They stopped sending me payments.
17
Q
No, stopped sending you royalty statements?
18
A
I don't remember if I received the royalty
19
statements from Phillips Van Heusen or the Trump
20
Organization.
21
Q
I would show you what's been marked as 44 for
22
identification -- 44 in evidence.
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THE COURT OFFICER:
24
THE COURT:
25
26
Q
The witness has 44.
Forty-four is in front of him.
Take a look at 44.
I would ask you if that
refreshes your recollection as to what happened with -Donna Evans, Official Court Reporter
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A
3
payments.
4
Glosser.
5
Q
Yes.
Cathy Glosser was sending me the royalty
I was receiving the royalty statements from Cathy
And did there come a time when she actually
6
stopped sending you statements and started sending you just
7
the numbers?
8
MR. GOLDMAN:
9
THE COURT:
10
evidence.
12
Q
16
17
18
You know what, it's in
I'll skip over it.
Now I would show you what's been marked as 45, 46,
48 and 108 for identification.
14
15
You can't be leading.
MR. ITKOWITZ:
11
13
Objection, leading.
THE COURT OFFICER:
Forty-five, 46, 48 and
108 for identification.
BY MR. ITKOWITZ:
Q
Just looking at all of these documents, can you
identify each one of these documents, starting with 45?
19
A
Forty-five is an e-mail to me from Cathy Glosser.
20
Q
Did you receive that?
21
A
Yes, I did.
22
MR. ITKOWITZ:
23
MR. GOLDMAN:
I move it into evidence.
I have no objection.
24
reasons before to any of these exhibits.
25
objection on relevance.
26
THE COURT:
Same
Mark it.
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3
(Plaintiff's Exhibit 45 received in evidence,
as of this date.)
4
(Discussion off the record.)
5
(Plaintiff's Exhibits 46, 48 and 108 were
6
7
received in evidence, as of this date.)
BY MR. ITKOWITZ:
8
Q
Did there come a time when the checks stopped?
9
A
Yes.
10
Q
Now, did there come a time when you left the
11
employ of ALM?
12
A
Yes.
13
Q
When was that?
14
A
I really don't remember the exact date.
15
Q
Just approximately?
16
A
I think it was towards the end of 2005.
17
I really
don't remember the date.
18
Q
And how did it come about that you left?
19
A
Mr. Hager was going to close down the company in
20
New York City and move it to Queens or Brooklyn and I just
21
didn't want to do that, and I was already working on
22
something else -- another brand that I wanted to sell he
23
wasn't interested in, and I shopped it around, I ended up
24
taking the brand somewhere else and moving on.
25
Q
So you left voluntarily?
26
A
Yes.
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MR. GOLDMAN:
3
THE COURT:
4
5
Q
Objection, leading.
It is leading but I'll allow it.
Are you receiving any compensation for your
testimony?
6
THE COURT:
I can't -- I didn't hear a word
7
you said.
8
Q
Are you testifying voluntarily today?
9
A
Yes.
10
Q
Are you receiving any compensation for your
11
testimony?
12
A
No.
13
Q
Will you receive any benefit at all or have any
14
promises been made to you with respect to the outcome of
15
this case?
16
A
No.
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18
19
MR. ITKOWITZ:
oh wait.
I have no further questions --
One second.
(Pause.)
20
21
22
23
24
25
26
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Danzer - Plaintiff - Cross (Mr. Goldman)
2
MR. ITKOWITZ:
3
exhibit, I'm sorry.
4
101 into evidence.
THE COURT:
6
MR. GOLDMAN:
101?
I don't know.
No objections as to 101.
MR. ITKOWITZ:
9
MR. GOLDMAN:
THE COURT:
Exhibit 41.
THE COURT:
And 41?
Is in.
Relevance, subject to the
objection.
16
(Whereupon, the above-mentioned documents were
marked as Plaintiff's Exhibit 41 and 101 in evidence.)
18
MR. INTROIT:
19
THE COURT:
20
MR. GOLDMAN:
21
CROSS-EXAMINATION
22
BY MR. GOLDMAN:
24
No
101 is in evidence without objection.
14
23
Forty-one?
Same objection as in terms of relevancy
MR. ITKOWITZ:
17
Same objection as to 41.
I said same objection as to 41.
13
15
You want to show me
objection as to 101.
11
12
I have one cleanup
Any objection or not?
8
10
Sorry.
At this time I would move Trial 41 and
5
7
Sorry.
Q
Okay.
I have no further questions.
Ready to cross examine?
I'm ready.
Mr. Danzer, yesterday you told the jury about your
experience; do you recall testifying about that?
25
A
Yes.
26
Q
And would it be fair to say that based upon your
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2
experience, your experience prior to working at ALM was
3
representing licensees, not licensors?
4
A
Yes.
5
Q
And this was, this being the Trump brand, was your
6
first experience representing a licensor?
7
A
No.
8
Q
When did you represent a licensor prior to the Trump
9
10
11
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13
brand?
A
When I was at 2 Exist, I was doing licensing for that
brand as well as the licensor.
Q
You're aware that ALM had no experience prior to your
arrival in representing licensors?
14
A
No.
15
Q
You didn't ask Mr. Hager if ALM had any experience in
16
representing licensors before you came on board?
17
MR. ITKOWITZ:
18
THE COURT:
Objection, outside the scope.
I'll allow that.
19
A
I knew they had experience.
20
Q
It's your understanding that ALM International had
21
experience representing licensors?
22
A
They were a licensor.
23
Q
I didn't ask you if they were a licensor.
24
I asked you
if they had experience representing licensors.
25
A
No.
26
Q
So they didn't have any experience representing --
[4/16/2013] 4/16
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1
2
A
Not representing licensors.
3
Q
Okay.
4
Now, you're not being paid anything to be here,
correct?
5
A
Correct.
6
Q
When was the first time you became aware that your
7
testimony would be required here at trial?
8
A
At this specific trial?
9
Q
This specific trial.
10
A
Probably about four months ago.
11
Q
Okay.
12
And prior to four months ago, did you have any
conversations with Mr. Hager regarding this litigation?
13
A
Yes.
14
Q
And after you became aware that you were going to be
15
called to testify, did you have any conversations with Mr.
16
Hager?
17
A
After being?
18
Q
After you became aware, approximately four months ago,
19
that you would be required to testify, did you have any
20
conversations with Mr. Hager?
21
A
No.
22
Q
Did you have conversations with anybody in the last
23
four months regarding you testifying here at trial this week?
24
A
Yes.
25
Q
With whom did you tell or have conversations with?
26
A
With Mr. Itkowitz.
[4/16/2013] 4/16
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1
2
3
Q
And when was the first time you had a conversation with
Mr. Itkowitz?
4
MR. ITKOWITZ:
5
THE COURT:
Objection.
I'll allow it.
6
A
It was probably about four months ago.
7
Q
And he told you that you would be needed for trial?
8
A
Yes.
9
Q
Did he tell you anything else?
10
A
He told me that you were going to be a witness in the
11
trial.
12
Q
That's all he said?
13
A
We sat down and we reviewed --
14
MR. ITKOWITZ:
15
THE COURT:
16
MR. ITKOWITZ:
Objection.
I will allow it.
Okay.
17
A
We sat down and reviewed what I could remember.
18
Q
When you say you reviewed, he asked you questions about
19
what you could remember and he took notes?
20
A
Correct.
21
Q
Did he show you any documents?
22
A
Yes.
23
Q
What documents did you review four months ago in the
24
presence of Mr. Itkowitz?
25
A
A lot of the documents here.
26
Q
Do you recall which ones that you testified to about
[4/16/2013] 4/16
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1
2
today?
3
A
All of them.
4
Q
He showed you all of them?
5
A
With the exception of these letters just now from Cathy
6
to me with regards to the royalty payments.
7
Q
8
Ross?
9
A
No.
10
Q
Did he show you the deposition transcript of Donald J.
11
Did he show you the deposition transcript of George
Trump?
12
A
No.
13
Q
Did he show the deposition transcript of Mark Hager?
14
A
No.
15
Q
Did he show you the deposition transcript of George
16
Ross?
17
A
No.
18
Q
Have you ever seen any of those deposition transcripts?
19
A
No.
20
Q
Have you ever discussed any of those deposition
21
transcripts with Mr. Itkowitz?
22
A
No.
23
Q
Have you ever discussed any of these deposition
24
transcripts with anybody?
25
A
No.
26
Q
In the last four months, have you reviewed any
[4/16/2013] 4/16
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1
2
documents before testifying today?
3
A
Just the ones in front of me.
4
Q
So other than four months ago you had copies of those?
5
A
I've seen these documents.
6
7
I have copies of these
documents, yes.
Q
That wasn't my question.
You testified that four
8
months ago you met with Mr. Itkowitz and reviewed the documents
9
you were shown today, correct?
10
A
Yes.
11
Q
Did you bring those documents with you or did Mr.
12
Itkowitz present them to you?
13
A
Mr. Itkowitz had the documents.
14
Q
Did he give you copies to look at over the next four
15
16
17
18
months?
A
No.
When I was in his office do you remember this, do
you remember this, et cetera.
Q
And after you left his office, at any point in time
19
between the time you left his office and you sat in that witness
20
chair, did you look at any of those documents?
21
A
Yes.
22
Q
How did you get those documents?
23
A
I asked for copies --
24
Q
Oh.
25
A
-- to refresh my memory.
26
Q
You asked Mr. Itkowitz for copies?
[4/16/2013] 4/16
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1
2
A
Yes.
3
Q
When did Mr. Itkowitz give you copies of all the
4
documents that you were going to be questioned about?
5
A
He gave me a few copies.
6
Q
I didn't ask you.
7
8
9
10
11
12
When did he give you the copies of
the documents that you were going to be examined on?
A
At various times.
It's not just one time.
beginning I asked him for a few documents to refresh my memory
that I didn't remember.
Q
When was that, when you say at the beginning; was that
before or after you met with Mr. Itkowitz?
13
A
When I first met with Mr. Itkowitz.
14
Q
Okay.
15
16
17
18
So at the
I don't want to know about that right now.
I want to know when you left his office, did you review
any documents after that?
A
When I got back to my home with the documents, I looked
at them to refresh my memory, yeah, this was it, I remember it.
19
Q
So you had these documents in your home?
20
A
I had some of these documents.
21
documents.
22
Q
What documents did you have in your files?
23
A
Letters back and forth between me and Ms. Glosser.
I owned some of these
Not own them, but I have them in my files.
24
Letters back and forth between me and Mr. Ross.
Letters that I
25
sent to Donald Trump.
26
didn't have, I said can you please give me that so I can refresh
I had those in my files; and anything I
[4/16/2013] 4/16
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1
2
my recollection of the timeframe.
3
Q
How did you know what you didn't have?
4
A
I saw that I didn't have it.
5
my file.
6
I didn't have it in my file.
7
8
9
Q
I said I don't have it in
I remembered writing it, I remembered sending it, but
So when you met with Mr. Itkowitz you brought the
documents that you had with you to his office?
A
No.
When I went to Mr. Itkowitz's office he spoke to
10
me about the documents that he had.
11
document; did you write this document; did you see this
12
document, et cetera.
13
I have -- certain documents I had already.
14
didn't have already I said can you please send me or give me a
15
copy of those documents.
16
Q
Do you remember seeing this
I said, yes, I remember these documents.
So the documents I
How many times did you look at those documents from the
17
time you left Mr. Itkowitz's office to the time you sat in the
18
chair yesterday?
19
A
A few times.
I looked at them before I came here
20
yesterday, just to refresh my memory, and then again this
21
morning.
22
Q
So is it, since you had to look at the documents to
23
refresh your memory, is it fair to say you had no recollection
24
of the events until you looked at the documents?
25
A
No.
26
Q
Well, you just told us in 2013 you had to look at the
[4/16/2013] 4/16
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1
2
documents to refresh your recollection about what happened nine
3
years ago.
4
looking at the documents, didn't you?
So you had no recollection of those events before
5
MR. ITKOWITZ:
6
THE COURT:
7
Q
Objection, objection.
Sustained.
Sustained.
And when was the last time --
8
THE COURT:
9
(Whereupon, an off-the-record discussion was held
10
You're going to have to come up.
at the bench among the Court and counsel.)
11
THE COURT:
Jurors, you can stand at ease, but Mr.
12
Danzer, please go and sit over there somewhere.
13
going to do a little ex parte work.
14
look around, say hello, just don't go anywhere.
15
want to lose any time.
And I'm
Now, you can stand up,
I don't
16
(Pause in proceedings.)
17
THE COURT:
18
(Whereupon, the witness resumes the stand.)
19
THE COURT:
20
the last time today.
21
Q
Mr. Danzer, come on back.
I'm sorry for the interruption.
That's
If you're not happy, I am.
Mr. Danzer, are you able to tell the jury what portion
22
of your testimony was based upon your independent recollection
23
and what portion was based upon your review of the exhibits?
24
MR. ITKOWITZ:
25
THE COURT:
26
A
Yes.
Objection.
No, I'll allow that.
The reason why --
[4/16/2013] 4/16
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1
2
Q
3
yes or no.
4
A
Yes.
5
Q
Okay.
6
7
I didn't ask you reasons.
I asked you can you.
It's a
Tell the jury what portion of your testimony was
based upon your review of the documents in the last four months?
A
The dates.
I asked for the documents so I could get
8
the dates straight, but the actual facts of the case are all in
9
my mind, they're all in my recollection.
10
Q
And the dates that you testified to yesterday under
11
oath, those are the dates that you refreshed your memory on,
12
correct?
13
A
I refreshed my memory as best as I could.
14
Q
Now, before we get to the dates from yesterday, tell
15
me, do you recall testifying yesterday in response to a question
16
that you don't recall ever really seeing the original memorandum
17
of understanding?
18
A
Yes.
19
Q
Was that a truthful answer, you don't recall ever
20
seeing it?
21
A
Correct.
22
Q
Do you recall -- so as you sit here yesterday, other
23
than looking at it when Mr. Itkowitz showed it to you about four
24
months ago, you don't recall ever seeing it?
25
26
A
No.
MR. ITKOWITZ:
Objection.
[4/16/2013] 4/16
690
1
2
THE COURT:
3
he saw.
4
Q
5
6
Sustained.
It's not established what
You don't recall ever seeing the memorandum of
understanding?
A
I recalled reviewing the memorandum of understanding
7
with Mr. Hager when I first started.
8
it, he said these are the elements of the deal, we have to make
9
sure that the deal is going to be $25 million, seven years, it's
10
for high quality apparel, et cetera.
11
12
He reviewed the whole thing with me.
Q
You didn't read it?
14
A
I didn't read the agreement.
16
I had seen it.
It was his agreement.
just told me what the facts were.
Q
But you were going to be the one undertaking the
17
responsibility of satisfying all of the conditions in that
18
signed contract, weren't you?
19
20
I
didn't read it.
13
15
He was flipping through
MR. ITKOWITZ:
A
Objection.
Yes.
21
THE COURT:
Overruled.
22
Q
Weren't you?
23
A
Yes.
24
Q
You read it on your own, didn't you?
25
A
I did not.
26
Q
Well, can you look at Defendant's A, please.
[4/16/2013] 4/16
He
691
1
2
(Document handed to witness.)
3
COURT OFFICER:
Defendant's A in evidence.
4
Q
That's a letter that you prepared, is it not?
5
A
Correct, it is.
6
Q
And, in fact, you prepared that letter and it was
7
important enough that you put at the bottom "agreed to and
8
accepted by," didn't you?
9
A
Yes.
10
Q
And it was important enough that you wanted to make
11
sure that whatever your relationship with ALM wasn't just in a
12
letter that you sent but was signed off on by Mr. Hager,
13
correct?
14
A
Correct.
15
Q
And Mr. Hager signed it?
16
A
Yes.
17
Q
Based upon him signing it, you knew you had an
18
agreement with Mr. Hager to perform your services?
19
A
Correct.
20
Q
Now, tell me, you typed this, correct?
21
A
Correct.
22
Q
And it says in the second to last paragraph:
"I have
23
read, understand and agree to the terms and conditions detailed
24
in the two attached documents which form the basis of the deal
25
between ALM and Donald Trump, namely the memorandum of
26
understanding and the extension of the memorandum of
[4/16/2013] 4/16
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1
2
understanding."
3
So you read it, didn't you?
4
A
Yes.
5
Q
And you understood it, didn't you?
6
A
Yes.
7
Q
So when you just told us you didn't read it and you had
8
it read to you, that was an inaccurate statement, wasn't it?
9
A
Yes.
10
Q
Okay.
11
And, in fact, you wrote this letter because you
wanted clarity in your deal with Mr. Hager, right?
12
A
Correct.
13
Q
And you understood the importance of clarity, didn't
14
you --
15
A
Yes.
16
Q
-- when dealing with Mr. Hager or anybody?
17
A
Yes.
18
Q
Now, you put in there for purposes of clarity that it
19
was your understanding that ALM had an exclusive deal with
20
Donald Trump; is that correct?
21
A
Yes.
22
Q
And you believed that an exclusive deal meant that Mr.
23
Trump could not do a deal on his own; isn't that so?
24
A
Yes.
25
Q
You were wrong about that, weren't you?
26
MR. ITKOWITZ:
Objection.
[4/16/2013] 4/16
693
1
2
THE COURT:
I'll allow it.
3
A
I did not believe I was wrong.
4
Q
But, in fact, are you aware that the Court ruled that,
5
in fact, Defendant can do its own deal?
6
MR. ITKOWITZ:
7
been any such ruling.
8
MR. GOLDMAN:
9
ruling?
MR. ITKOWITZ:
11
MR. GOLDMAN:
No.
Your Honor, I can read the decision.
I don't want to, but I know Your Honor knows.
13
14
I don't think there's
You don't think there's been that
10
12
Objection.
THE COURT:
Q
I'm going to allow it.
Are you aware that the Court ruled that Mr. Trump was
15
free, under the memorandum of understanding and the extension,
16
to do its own deal as long as it didn't use another broker?
17
A
No.
18
Q
When you stated the memorandum of understanding had
19
been in place since September of 2003, correct?
20
A
Correct.
21
Q
You read it.
22
it --
23
A
Correct.
24
Q
-- did you say to Mr. Hager, hey, what's going on the
25
26
And because you read it and understood
last five, six months on this?
A
He told me nothing had really gone on in that.
[4/16/2013] 4/16
694
1
2
Q
Nothing had gone on.
And you knew in February 17th of
3
2004, when you entered into your signed writing with Mr. Hager,
4
you knew that there had been an extension, didn't you?
5
A
Yes.
6
Q
And you knew the terms of the extension, didn't you?
7
A
Yes.
8
Q
Who's Avery Hagar?
9
A
Mark's son.
10
Q
Did you work with him?
11
A
Occasionally he came in and worked with us.
12
Q
When you say, "worked with us," who is us?
13
A
He came into the office and we had discussions, but we
14
didn't really work together.
15
interaction.
16
17
Q
We really didn't do much working
Were you aware of how he felt about your job
performance?
18
A
No.
19
Q
Why don't you look at Defendant's B in evidence.
20
21
(Document handed to the witness.)
Q
I'm going to read the second paragraph.
This is Avery
22
Hager to Mark Hager on February 23rd, one week after your
23
February 17th agreement.
24
"The odds are in our favor.
I think we should put more
25
pressure on Jeff.
I have the feeling as hard as he's working
26
he's not getting paid now and is too busy looking for another
[4/16/2013] 4/16
695
1
2
job."
3
Were you looking for another job at that point in time?
4
A
Absolutely not.
5
Q
And your payment compensation, your deal was only if
6
you were able to reach a deal under the memorandum of
7
understanding and the extension, correct?
8
A
Yes.
9
Q
And if you couldn't get a licensee to see Mr. Trump by
10
June 30th you would get no compensation?
11
A
No.
12
Q
No, you would get, or no --
13
A
No, this was part of my compensation with ALM.
I was
14
on ALM's payroll to build another brand called Alpha Q that we
15
were working on together, so this was in addition to.
16
17
18
19
20
21
Q
So all of your efforts were not just for Mr. Trump, you
were on the payroll for another brand?
A
Well, I was on the payroll at ALM's payroll and my
responsibilities were Trump and Alpha Q.
Q
And for Alpha Q were you getting paid on a weekly or
monthly basis?
22
A
Yes.
23
Q
And for Trump the only compensation would be if a deal
24
Yes.
is cut?
25
A
Correct.
26
Q
So again, if there was no deal done by September 30,
[4/16/2013] 4/16
696
1
2
2004 under the extension agreement, you would get zero?
3
4
A
Q
6
Can you move to strike.
I just asked you if it would be zero.
The answer is
yes?
MR. ITKOWITZ:
I'm going to object to that, Your
Honor.
10
11
This was supposed to be like my
I didn't ask you what it was.
8
9
As a bonus.
bonus.
5
7
Correct.
THE COURT:
Q
Strike it.
Now, if you can, before I get to that, tell me, you
12
told us the great business relationship you had with Ken Wyse,
13
right?
14
A
Yes.
15
Q
And you introduced into evidence, I believe,
16
Plaintiff's 98, which was that letter that you sent to Mr. Wyse,
17
correct?
18
A
Is that here?
19
MR. GOLDMAN:
Can he be shown Plaintiff's 98.
20
(Document handed to witness.)
21
COURT OFFICER:
Plaintiff's 98.
22
A
Yes.
23
Q
You see that letter?
24
A
Yes.
25
Q
And I believe you told us in response to Mr. Itkowitz's
26
questions that the reason you attached the New York Post article
[4/16/2013] 4/16
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1
2
was because of the impression that you had that Mr. Wyse had
3
given you, is that -- would that be a fair statement?
4
A
Correct.
Yes, yes.
5
Q
And the letter that you sent to Mr. Wyse, which is in
6
evidence as 98, was that a tailored letter for Ken Wyse so
7
that -- you know what I mean?
8
A
Yes.
9
Q
It was tailored for Ken Wyse?
10
A
Yes, it was tailored for Ken Wyse.
11
Q
I'm going to give you an opportunity to think about
12
your answer one more time.
13
Was this tailored for Ken Wyse?
Is that your sworn
14
testimony?
And if I'm wrong, tell me.
15
statement.
I don't want to plant any doubt in you?
16
A
I'm just reading, whatever.
17
Q
Sure.
18
A
This was -- this is a copy of -- this is the letter
19
You can stand by your
that I sent pretty much to everybody.
20
Q
It wasn't --
21
A
Well, tailored to Ken Wyse is "Dear Ken" and
22
23
24
25
26
explaining, but I want to just preface one thing.
Q
I didn't ask you to preface anything.
MR. ITKOWITZ:
Your Honor, I would object to the
witness being interrupted in answering the question.
THE COURT:
I am going to allow the answer.
[4/16/2013] 4/16
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1
2
Q
So, feel free to speak.
3
A
Ken was basically my first or one of my very first
4
contacts.
5
MR. GOLDMAN:
6
I'm going to object.
That's not my
question.
7
THE COURT:
8
Q
Sustained.
I'll rephrase my question.
9
Was this letter, other than where it says, "Dear Ken,"
10
was this letter tailored to Ken Wyse, like you said originally,
11
or was it not?
12
MR. ITKOWITZ:
13
THE COURT:
14
15
Q
I object to the question.
Sustained.
Is this letter tailored to Ken Wyse, other than Dear
Ken?
16
A
No.
17
Q
In fact, the letter that you sent to your good friend
18
19
is the same letter that you sent in a mass mailing, isn't it?
A
20
Yes.
THE COURT:
21
not sustained.
22
Q
By the way, I overruled his objection,
So other than, just so it's clear, the connection, that
23
close connection that you had to Mr. Wyse, he got the same
24
letter that everybody got on what I'll call a cold call letter?
25
26
A
Just to be clear, I got the first letter.
a good letter, I sent it to everybody else as well.
[4/16/2013] 4/16
It was such
699
1
2
3
Q
When you said you sent it to everybody else, you sent
it on a different day, you said -- withdrawn.
4
MR. GOLDMAN:
5
please?
6
(Whereupon, the last answer was read back by the
7
court reporter.)
8
Q
9
10
11
12
13
14
Did you send it to everybody else on a day after you
sent it to Ken Wyse or you sent it to everybody on the same day
that you sent it to Ken Wyse, that it was so good?
A
I wasn't waiting around.
It was a good letter.
I sent
it to Ken, as well as everybody else that was on that list.
Q
So it's the same letter on the same day that you sent
to Ken Wyse and everybody else who cold called it?
15
A
16
days.
17
Can you read back his answer,
Well, within a few days.
The same day or within a few
(Continued on next page.)
18
19
20
21
22
23
24
25
26
[4/16/2013] 4/16
700
1
Danzer - by Plaintiff - Cross
2
MR. GOLDMAN:
3
as Defendant's R, I believe, six pages.
4
(Six page document marked Defendant's Exhibit
5
R for identification, as of this data.)
6
THE COURT OFFICER:
7
8
Your Honor, can we have marked
Defendant's R for
identification.
BY MR. GOLDMAN:
9
Q
You recognize those six pages, don't you?
10
A
I do.
11
Q
That's your signature on those six pages, is it
13
A
It is.
14
Q
It's the letter that you prepared, is it not?
15
A
It is.
16
Q
And the originals of these letters went to the
12
17
18
not?
people to whom they are addressed?
A
They did, yes.
19
20
MR. GOLDMAN:
I'm going to offer Defendant's
R into evidence.
21
MR. ITKOWITZ:
22
THE COURT:
23
24
25
26
No objection.
Defendant's R in evidence without
objection.
(Whereupon Defendant's Exhibit R was received
in evidence, as of this date.)
THE COURT OFFICER:
R in evidence.
[4/16/2013] 4/16
701
1
2
3
BY MR. GOLDMAN:
Q
Now, sir, you just told us that the letter that
4
you sent to Ken Wyse was so good that you sent it to
5
everybody else the same day or shortly thereafter.
6
that what you said?
Isn't
7
A
I did say that.
8
Q
And you were under oath when you said that, were
9
you not?
10
A
I was.
11
Q
Please tell the jury, of the six letters that you
12
have presented in front of you as Defendant's R in evidence,
13
when are they dated?
14
A
Two day before, February 12.
15
Q
So when you just testified under oath that the
16
letter was so good that you sent it to everybody else either
17
the same day or after, that wasn't the truth?
18
A
If I can explain.
19
Q
No, you can't explain?
20
A
The truth is --
21
Q
I didn't ask you what the truth is.
22
MR. ITKOWITZ:
Excuse me?
23
THE COURT:
24
Read it back.
25
Please answer it.
26
And your objection is overruled.
Listen to the question.
[4/16/2013] 4/16
702
1
2
MR. GOLDMAN:
3
4
5
I'll rephrase it.
Let's not
waste time.
BY MR. GOLDMAN:
Q
When you testified under oath that the letter was
6
so good, the February 13 letter was so good you sent it to
7
other people either that day or the day after, this -- these
8
six letters, they are all dated before Ken Wyse's letter;
9
isn't that correct?
10
A
Yes.
11
12
MR. GOLDMAN:
If the witness can be shown the
memorandum of understanding and the extension.
13
THE COURT OFFICER:
14
MR. GOLDMAN:
15
(Pause.)
16
THE COURT OFFICER:
17
18
19
20
Is that number one?
One and two, yes.
Plaintiff's one and two
in evidence.
BY MR. GOLDMAN:
Q
Those are the documents that you said you read,
understood and agreed, correct?
21
A
Yes.
22
Q
Now, if you can -- let's go to the memorandum of
23
understanding.
24
Do you see that?
25
A
I do.
26
Q
You were aware when you began your employment that
[4/16/2013] 4/16
703
1
2
you had to get an acceptable license, which is a defined
3
term in this agreement, correct?
4
A
Correct.
5
Q
And either have a signed deal by March 30th or if
6
you presented somebody before March 30th you can have the
7
deal signed up in what was called the tail period, correct?
8
A
Correct.
9
Q
And you also understood, since you had started
10
your employment after the extension, that the, what we'll
11
call the exclusive period, the time within which to bring a
12
licensee to Mr. Trump was June 30th, correct?
13
A
Correct.
14
Q
And you are aware under the terms of the agreement
15
that if you did not bring or have an acceptable license,
16
which is defined, and it was signed up by September 30th,
17
and partake in significant negotiations by
18
September 30th you would not be entitled to a fee, correct?
19
A
Correct.
20
Q
And since you wouldn't be entitled to a fee under
21
that scenario, you would then not get $200,000.
22
true?
Isn't that
23
A
No.
24
Q
You were going to get $200,000 regardless of
25
26
whether or not a deal was signed?
A
Correct.
My --
[4/16/2013] 4/16
704
1
2
Q
You said correct, you answered my question.
3
A
Yes.
4
Q
And it says that in Defendant's A, which is your
5
agreement with ALM, that you were going to get $200,000
6
whether or not you procure an acceptable license under the
7
terms of the signed contract?
8
A
It doesn't say that specifically.
9
Q
Doesn't say it specifically?
10
A
No, it says it is agreed to that if any business
11
deal is reached --
12
Q
Read it slowly.
13
A
It is agreed to that if any business deal is
14
reached between these companies and Donald Trump, through my
15
introduction and our joint efforts, that ALM will pay me a
16
fee of $200,000 from the first $200,000 that ALM will
17
receive from the deal.
18
Q
So it's your testimony that you were getting
19
$200,000 whether it was pursuant to the signed contracts or
20
some other deal?
21
22
A
If we signed a deal with Donald Trump I was
getting the first $200,000.
23
Q
No matter what?
24
A
No matter what.
25
Q
So the fact that you had to read, understand and
26
agree to the terms and conditions of the signed contract,
[4/16/2013] 4/16
705
1
2
are you telling us it made no difference what the extension
3
or memo of understanding provided because you were getting
4
$200,000 regardless?
5
believe from looking at that document?
6
7
8
A
Is that what you want the jury to
I want the jury to believe from looking at this
document that we had a deal with Donald Trump.
Q
I didn't ask you about a deal with Donald Trump.
9
MR. ITKOWITZ:
Excuse me, I would object to
10
cutting off the witness.
11
believe he's giving the answer.
12
the answer.
13
14
MR. GOLDMAN:
He asked the question, I
Counsel doesn't like
Let's not be pejorative,
Counselor.
15
Can you please read back the question?
16
(Record read.)
17
Q
Yes or no?
18
A
Yes.
19
Q
Okay.
20
Do you know why then, sir, since you drafted
21
the letter, if you were going to get $200,000 on any deal
22
that you procure for Mr. Trump while working at ALM, why was
23
it important enough for you to have added that I have read,
24
understood and agreed to the terms of the two signed
25
documents which form the basis of the deal between ALM and
26
Donald Trump?
[4/16/2013] 4/16
706
1
2
A
That was the basis of the deal.
So I was letting
3
Mark know I've read the deal, I understand the deal, I know
4
exactly what you want to get from the deal.
5
understood, and we even had a conversation, that if we don't
6
hit those numbers we will be able to talk to Donald Trump
7
and find out what the next step would be.
But it was also
8
Q
You and Mark had that conversation?
9
A
We had many conversations.
10
Q
When you signed this you had that conversation?
11
A
When we signed this letter we did not have that
12
13
14
conversation.
Q
I'm only talking about when you signed your
contractural relationship with ALM.
15
16
So you didn't have a conversation about there
being some other arrangement?
17
A
No.
18
Q
I --
19
20
MR. ITKOWITZ:
23
24
Excuse me, I object to him
interrupting the witness in mid answer.
21
22
It wasn't --
THE COURT:
A
Have you finished your answer?
I was answering in a conversation.
THE COURT:
Read back the question and please
answer the question, all right?
25
(Record read.)
26
THE COURT:
Enough.
Either yes or no.
[4/16/2013] 4/16
707
1
2
A
No.
3
4
THE COURT:
Q
No is the answer.
Thank you.
5
If you could look to the memorandum of
6
understanding that you read and reviewed, which is
7
Plaintiff's 1, I direct your attention to the fourth line
8
from the bottom of page 3.
9
fifth line, where it says, and with whom ALM had significant
10
Actually it's the end of the
negotiations regarding the terms.
11
A
Yes.
12
Q
Do you see that provision?
13
A
Yes.
14
Q
You were aware when you signed your arrangement
15
with ALM that in order for a fee for ALM, ALM had to be
16
involved in significant negotiations regarding the terms,
17
correct?
18
A
Yes.
19
Q
It doesn't say just negotiations, it says
20
significant negotiations, correct?
21
A
Correct.
22
Q
Does it say anywhere in the signed memorandum of
23
understanding that if you prepared an agenda for a meeting
24
that you would get an ALM fee?
25
A
No.
26
Q
Does it say anywhere that if you made a phone call
[4/16/2013] 4/16
708
1
2
and had someone come to a meeting that you would get an ALM
3
fee?
4
A
No.
5
Q
Does it say if you made a lot of phone calls to
6
put together a meeting that you would get a fee?
7
A
No.
8
Q
There had to be significant negotiations regarding
9
the terms, correct?
10
A
Correct.
11
Q
Now, yesterday you talked about you were asked a
12
wide time frame, what did you do to procure PVH that
13
ultimately led to the November 29, 2004?
14
that?
Do you recall
15
A
I do.
16
Q
I believe you testified that you spoke to
17
Mr. Trump approximately or at least four times?
18
A
Yes.
19
Q
Do you recall that?
20
A
Yes.
21
Q
In February of 2004, did you speak to Mr. Trump?
22
A
I did not.
23
Q
Did you speak to Mr. Ross in February of 2004?
24
A
I don't remember.
25
Q
In March 2004 you had a conversation with
26
Mr. Ross, did you not?
[4/16/2013] 4/16
709
1
2
A
I did.
3
Q
And in March 2004, did you have a conversation
4
with Mr. Trump?
5
A
Mr. Trump was there during that conversation.
6
Q
That was the first conversation of the at least
7
four that you had?
8
A
Yes.
9
Q
And where did that conversation take place?
10
A
In Mr. Trump's office.
11
Q
And was that the March 24, 2004 meeting?
12
A
I'd have to be reminded.
13
Q
Well, you just looked at all these documents
14
before testifying and you testified yesterday.
15
a meeting with Mr. Ross and Mr. Trump on March 24, 2004?
16
A
Did you have
I had a meeting with Mr. Ross and Mr. Trump in
17
Donald's office in March 2004.
18
have been around March 24, I don't know the exact date.
19
Q
I believe it was -- could
And that is the meeting when Mr. Ross told you
20
that he was not happy with what ALM had done to date, isn't
21
it?
22
A
Correct.
23
Q
And I think he may have said to you something
24
along the lines that he thinks you guys dropped the ball and
25
didn't perform?
26
A
Correct.
[4/16/2013] 4/16
710
1
2
Q
And from September of '03 through March of 2004,
3
since you told us that really there wasn't anybody working
4
on it before you came aboard --
5
6
MR. ITKOWITZ:
that's in evidence.
7
8
THE COURT:
MR. ITKOWITZ:
THE COURT:
15
He's testifying, I'm
Objection is the word.
want to testify you can get on the stand.
13
14
Objection is the
objecting.
11
12
Don't testify.
word.
9
10
Objection, I don't believe
If you
Okay?
Rephrase.
BY MR. GOLDMAN:
Q
Sir, did you not testify earlier on in response to
16
my questions about conversations you would have had with
17
Mr. Hager regarding who was working on the brand before you
18
got there?
19
A
No.
20
Q
So when you started in February, you never asked
21
22
23
24
25
26
Mr.~Hager who was handling this brand before you started?
A
Mr. Hager told me that they needed to handle the
brand, the Trump brand.
Q
Did you inquire if any efforts had been made prior
to your arrival to reach out to anybody?
A
I might have.
I don't remember.
[4/16/2013] 4/16
711
1
2
Q
I didn't want to duplicate effort, did you?
3
A
Whatever had been done in the past didn't concern
4
me, I knew what I was going forward with.
5
here's our deal, I said okay, let's move forward, but
6
everything I did I put by Mark, so I sent a list --
7
Q
I didn't ask you all these other things he did?
8
9
When he said
MR. ITKOWITZ:
Excuse me, he asked him what
he was doing and the witness is answering.
10
THE COURT:
Don't you remember when you were
11
doing your very lengthy cross-examination you kept on
12
asking yes or no and I kept on directing that answer.
13
So let's not interrupt counsel when he's asking the
14
same kind of a question asking for a yes or no.
15
MR. ITKOWITZ:
16
THE COURT:
17
And answer it yes or no.
18
MR. GOLDMAN:
19
Q
Okay.
All right.
I'll say it a different way.
Did you or did you not inquire of anybody at ALM,
20
whether its Mark or Avery, as to what anybody had done on
21
the brand for the prior six months, before you were about to
22
begin?
23
A
Yes.
24
Q
Was anything done to procure a licensee for the
25
26
Trump brand prior to your arrival?
MR. ITKOWITZ:
Objection, calling for
[4/16/2013] 4/16
712
1
2
hearsay.
3
MR. GOLDMAN:
4
THE COURT:
5
know.
6
Q
7
If he knows.
You only can testify to what you
Do you know if anything was done before your
arrival?
8
A
I do not know.
9
Q
Mr. Itkowitz said yesterday in examination of a
10
witness, of Mr. Ross, that nobody worked directly on the
11
brand until you arrived?
12
MR. ITKOWITZ:
13
THE COURT:
14
the thing?
MR. GOLDMAN:
It was Mr. Ross's -- I have my
notes.
17
18
Well, do you want us to go over
April 15.
15
16
It was actually Mr. Trump on Friday,
April 12, very early on.
19
Pause.)
20
MR. ITKOWITZ:
21
Objection.
objection.
You know what, I withdraw my
Let's move on.
22
THE COURT:
23
Read it back, please.
24
(Record read.)
25
MR. ITKOWITZ:
26
Then answer the question.
Objection.
The witness has
already testified -Donna Evans, Official Court Reporter
[4/16/2013] 4/16
713
1
2
Withdrawn.
3
THE COURT:
4
MR. ITKOWITZ:
5
Really, Mr. Itkowitz.
I apologize.
I'll withdraw
it.
6
THE COURT:
Answer the question, please.
8
THE COURT:
And the answer is yes.
9
MR. GOLDMAN:
7
10
A
Yes.
forgot my question with all of this.
11
12
Honestly, I have to tell you I
Can you read back my question?
worked.
I lost my question.
13
THE COURT:
14
(Record read.)
Read it back, please.
15
Q
Is that a correct statement?
16
A
Yes.
17
The objection
THE COURT:
I want to point out that
18
unfortunately we only have another 11 minutes, that's
19
it.
20
MR. GOLDMAN:
I'm not going to finish in 11
21
but I'll use every bit of it.
22
Q
23
24
Do you believe that based upon -MR. GOLDMAN:
Q
Withdrawn.
When Mr. Ross said to you that he thought ALM had
25
dropped the ball at the March 24 meeting, did you think that
26
was an accurate statement, based upon what you knew had been
[4/16/2013] 4/16
714
1
2
done or not done?
3
A
Yes.
4
Q
And you were going to make it better?
5
A
Yes.
6
Q
So -- and we know that as of March of -- March 24,
7
2004, you had, under the exclusive period, to June 30 to get
8
somebody in to meet with Mr. Trump or Mr. Ross, correct?
9
A
Correct.
10
Q
Can you tell me, between March 24 and the June 24
11
meeting that you spoke to yesterday, what did you do to get
12
PVH in the door?
13
the March 24 meeting to the June 24 meeting?
14
A
And please tell us chronologically, from
Well, primarily I worked with Ken Wyse over at PVH
15
to work on a deal, try to get a deal with a company called
16
Peerless, which is the suit company that I mentioned
17
yesterday that's part of that triple three-headed dragon.
18
In my conversation with Mr. Trump and Mr.
19
Ross at the beginning, they had said that they wanted to
20
do -- it made sense strategically to do a tailor clothing
21
license first.
22
look at other companies like dress shirts, ties, et cetera.
23
After the tailor clothing license, we could
I mentioned to Mr. Trump and also to Mr. Ross
24
that I had a connection with Phillips Van Heusen.
25
Heusen got pushed to the side for a few minutes so we could
26
come to them with a tailored suit or suit program.
[4/16/2013] 4/16
Van
715
1
2
I reached out to Peerless but I had met the
3
president of a company called Peerless --
4
Q
My question was about PVH?
5
A
I'm getting to that.
6
Q
I want you to get to it now and not go around the
7
8
9
corner to get there.
A
Okay.
What did you do with respect to PVH?
With respect to PVH I kept the conversation
going with Ken Wyse about the brand and about what was
10
happening with Donald Trump and with the apprentice, and
11
basically slowly up selling him on it and getting him ready
12
for a conversation when we signed or when a tailor clothing
13
license was signed.
14
Q
And you also, did you not, tell him in May of 2004
15
that you believed that the shirt and Trump necktie business
16
could generate anywhere from 27 million to $35 million in
17
year three?
18
A
Yes.
19
Q
And that would have been an acceptable license
20
because that was more than 25 million, isn't it?
21
A
Yes.
22
Q
Now, would it be fair to say that after you're
23
May 17, 2004 communication to Mr. Wyse, you spoke to him?
24
A
Yes.
25
Q
And were there any meetings in May of 2004
26
involving PVH and either Mr. Trump or anybody from
[4/16/2013] 4/16
716
1
2
3
4
5
Mr. Trump?
A
With myself -- anybody from the Trump
Organization.
Q
I want to know about Mr. Trump or anybody on
6
behalf of Mr. Trump.
7
at all?
In May of 2004 were there any meetings
8
A
I don't believe so.
9
Q
If you can look at Defendant's Q in evidence, this
10
is a letter that Mr. Ross wrote to you two months after you
11
met with Mr. Trump and in which they told you they thought
12
he had dropped the ball.
13
not heard anything concrete from you and are somewhat
14
disappointed that you have not been able to obtain any
15
definitive proposal during your option, period.
16
you still have one month to go.
17
he said you have one month to go, correct?
And it says at the bottom I have
However,
You knew what he meant when
18
A
Correct.
19
Q
And I hope you are able to bring us someone with a
20
sincere proposal which we will find acceptable to make a
21
deal with.
22
of real value to date.
23
Again, and sadly, you have not produced anything
You got that letter, right?
24
A
I did, yes.
25
Q
Then you responded?
26
A
Correct.
[4/16/2013] 4/16
717
1
2
Q
And you responded in writing.
And that would be
3
your June 8, 2004 response, which is in evidence as either
4
Plaintiff's 21 or 88.
There are two exhibits?
5
THE COURT:
6
THE COURT OFFICER:
7
THE COURT:
8
Yes, unless it's already up
(Pause.)
10
12
Show the witness 88?
there.
9
11
Let's do 88.
THE COURT OFFICER:
Q
Eighty-eight in evidence.
Was that one of the exhibits that you already had
in your possession or that Mr. Itkowitz gave you?
13
A
I already had it.
14
Q
You had that?
15
A
Yes.
16
Q
By the way, you told us on direct examination that
17
your -- that book -- that business record of yours, that one
18
sheet of paper, you told us that when you left you left
19
things there?
20
A
Correct.
21
Q
You didn't take the book with you?
22
A
I did not take the book with me.
23
Q
Did you take anything with you?
24
A
I had a file on the Trump -- on the Donald Trump
25
26
situation, because way back when -Q
I didn't ask you.
[4/16/2013] 4/16
718
1
2
You had a book on the Donald Trump situation?
3
A
I had a file.
4
Q
You took the Donald Trump file with you, is that
5
6
7
what you're saying?
A
It was basically a file of letters back and forth,
I took that with me.
8
Q
That's the only thing that you took with you?
9
A
That's what I took with me.
10
Q
Going to this letter that you wrote on June 8,
11
correct?
12
A
Yes.
13
Q
At the very bottom of that letter you again
14
reiterate how Mr. Ross felt, I guess you characterized what
15
he felt in the March 24 meeting.
16
paragraph.
Look at the last
17
A
Page one or page two?
18
Q
Page one.
19
A
Yes.
20
Q
And that's where you referenced the dropping the
21
ball, correct?
22
A
Yes.
23
Q
Now, I'm going to turn your attention to the
24
second to the last paragraph where you write to George.
25
you see that?
26
A
I do.
[4/16/2013] 4/16
Do
719
1
2
Q
Says, George, the way I understand it the reason
3
ALM was granted the deal was not only to secure the best
4
possible licensees but to manage the brand and the business,
5
to get the most out of it and to insure that the credibility
6
and integrity of the Trump name is kept at the highest
7
level.
8
9
10
Then you conclude, at least on this issue:
This is how ALM was to earn their fee, and I think that's an
exclamation point you added there for emphasis?
11
A
Yes.
12
Q
Can you tell me where in the memorandum of
13
understanding or in the extension agreement there is
14
anything about earning a fee managing the brand or any of
15
that?
16
17
THE COURT:
After this answer we'll have to
close it.
18
MR. GOLDMAN:
19
(Pause.)
20
A
Okay.
On schedule one of the agreement, if you look at
21
ALM's duties, and you look at paragraph C and D and E --
22
actually C and D not E.
23
agreements on Trump's behalf, including without limitation
24
periodically reviewing and reporting to Trump with respect
25
to each licensee's compliance with, among other things, the
26
design, production, inventory, payment, reporting, marketing
It says:
Service the license
[4/16/2013] 4/16
720
1
2
and advertising requirements thereof.
3
nsistent with the terms of the subject license agreement.
4
And in D:
5
capitalize on its product placement experience to market the
6
high quality apparel utilizing the Trump brand, in a manner
7
directed by licensee and Trump that is consistent with the
8
target market for the apparel.
9
with the terms of the subject license agreement.
Utilize commercially reasonable efforts to
10
11
MR. GOLDMAN:
In each case, consistent
Can I have 60 seconds to
conclude this point, please?
12
13
In each case co
THE COURT:
Q
Yes.
Sir, look at page two of the agreement.
14
Isn't schedule one only applicable if ALM and
15
Trump enter into what's called an exclusive agreement after
16
the bringing of an acceptable license?
17
A
Where do you see that?
18
Q
Sir, look at the bottom of page one, and then on
19
to page two, and tell me if this agreement does not require
20
an exclusive agreement before schedule one every applies?
21
THE COURT:
22
agreement, to give you a clue.
23
THE WITNESS:
24
saying.
25
Q
26
It says service of the license
I'm not seeing what you're
We'll pick up on this, apparently, tomorrow.
THE COURT:
Jurors, unfortunately, we have to
[4/16/2013] 4/16
721
1
2
call it quits for tonight, but please don't discuss the
3
case among yourselves.
4
best friend that now lives in Australia calls you don't
5
tell them anything about the case.
6
wonderful evening.
7
early -- wait a second, I have a 9:30 Order to Show
8
Cause.
9
Keep an open mind.
Okay?
And if your
Have a
See you back here tomorrow, we're
Tomorrow be in the jury room by 9:30, give
10
you an extra 15 minutes.
I have to deal with the Order
11
to Show Cause first then I can deal with this.
12
All right.
13
(Whereupon, the jury retired from the
14
15
Thank you.
courtroom.)
(Whereupon, the proceedings were adjourned.)
16
17
18
19
20
21
22
23
24
25
26
[4/16/2013] 4/16
Transcript Word Index
[& - applicable]
24 (cont.)
714:10,10,13,13 718:15
&
25
661:23
690:9 715:20
0
26
03
663:9 664:2,8 665:4,5
710:2
26th
663:14
1
27
1
715:16
707:7
270
10
661:24
669:20 676:12,13
29
101
708:13
680:4,7,7,10,12,17
3
108
677:13,15 678:5
3
11
661:3 707:8
713:18,20
30
12
675:21 695:26 714:7
701:14 712:18
305
13
661:20
702:6
30th
15
695:10 703:5,6,12,16,18
712:14 721:10
32
16
663:4
661:13
35
17
715:16
715:23
37
17th
668:8,11
694:2,23
4
2
40
2
670:3,8 671:15,16,23
681:10
41
2:00
680:3,7,9,12,13,17
662:11
42
200,000
670:2,3 672:26 673:4,9,11
703:21,24 704:5,16,16,19
673:13
704:22 705:4,21
44
2003
672:26 673:2,8,9,12,13
693:19
676:3,5,21,22,23,25
2004
45
694:3 696:2 708:13,21,23
677:12,18 678:2
708:25 709:3,11,15,17
46
710:2 714:7 715:14,23,25
677:12,14 678:5
716:6 717:3
48
2005
677:13,14 678:5
668:24 674:11,12 678:16
6
2013
60
661:13 687:26
661:13 720:10
21
603491/08
717:4
661:7
23rd
7
694:22
24
78
709:11,15,18 713:25 714:6
666:17,21,23,23 668:21
&
79
672:2,4,19
7th
661:20
agree
691:23 704:26
agreed
691:7 702:20 704:10,13
705:24
8
agreement
8
666:13,26 668:20 669:23
717:3 718:10
674:9,14 690:14,14 691:18
81
694:23 696:2 703:3,14
673:16,19
704:5 719:13,20 720:3,9,13
88
720:15,19,20,22
717:4,5,6
agreements
9
719:23
9:30
ahead
721:7,9
669:14 672:23
96
allow
663:5,5
664:18 670:19 679:3
98
681:18 683:5,15 688:25
696:16,19,21 697:6
693:2,13 697:26
alm
a
661:5 678:11 681:2,12,15
able
681:20 691:11,25 692:19
688:21 695:6 706:6 716:14
695:13 704:5,15,16 705:22
716:19
705:25 706:14 707:9,15,15
aboard
707:15,24 708:2 709:20
710:4
711:19 713:24 719:3,9
absolutely
720:14
663:3 695:4
alm's
acceptable
669:8 695:14,18 719:21
703:2,15 704:6 715:19
alpha
716:20 720:16
695:14,19,20
accepted
amount
691:8
669:20 676:11,13
accurate
answer
713:26
665:16 689:19 696:6
actual
697:12,26 699:4,6 701:25
689:8
705:11,12 706:20,21,24
added
707:3 711:12,17 712:22
705:23 719:10
713:6,8 719:16
addition
answered
695:15
704:2
addressed
answering
700:17
697:25 706:22 711:9
adjourned
anybody
721:15
673:5 682:22 684:24
admitted
692:16 710:3,25 711:19,20
671:16
715:26 716:3,5
advertising
apologize
720:2
713:4
agenda
apparel
707:23
690:10 720:6,8
agent
apparently
665:12
720:25
ago
applicable
682:10,11,18 683:6,23
720:14
685:4,8 688:3 689:24
[4/16/2013] 4/16
[applies - congratulating]
applies
720:20
apprentice
715:10
approximately
678:15 682:18 708:17
april
661:13 712:14,18
arrange
673:22
arrangement
706:16 707:14
arrival
681:13 710:25 711:25
712:7
arrived
712:11
article
696:26
asked
681:23 683:18 685:23,26
686:9 689:2,7 696:6 705:10
708:11 710:20 711:8
asking
711:12,13,14
attached
667:13 669:19 691:24
696:26
attaching
666:25
attention
670:8 707:7 718:23
attorneys
661:19,23
august
663:9,14 664:2,8 665:4,5
668:24,24 669:24 674:12
australia
721:4
avenue
661:24
avery
694:8,21 711:20
aware
681:12 682:6,14,18 693:4
693:14 694:16 702:26
703:14 707:14
b
back
663:21 664:21 665:17,19
674:16,17 686:17,23,24
688:17 699:4,6 701:24
705:15 706:23 712:23
713:11,13 717:25 718:6
721:6
ball
663:20 709:24 713:25
716:12 718:21
based
680:26 688:22,23 689:6
691:17 713:22,26
basically
674:13 698:3 715:11 718:6
basis
691:24 695:21 705:25
706:2
began
702:26
beginning
686:9,11 714:19
behalf
716:6 719:23
believe
675:21 693:3 696:15,25
700:3 705:5,6,11 708:16
709:17 710:5 713:22 716:8
believed
692:22 715:15
belkin
661:23
bench
688:10
benefit
679:13
best
668:20 689:13 719:3 721:4
better
714:4
bill
669:8
bit
713:21
board
681:16
bonus
696:3,4
book
717:17,21,22 718:2
bottom
674:3 691:7 707:8 716:12
718:13 720:18
box
662:4
brand
678:22,24 681:5,9,11
695:14,17 710:17,21,23,23
711:21,25 712:11 715:9
719:4,14 720:6
bransten
661:16
bring
662:2 663:12,20 685:11
703:11,15 716:19
bringing
720:16
broadway
661:20
broker
665:12 693:16
brooklyn
678:20
brought
687:7
build
695:14
burden
661:23
business
696:12 704:10,13 715:15
717:17 719:4
busy
694:26
c
calculated
676:10
call
667:14,17,19 698:24,24
703:11 707:26 721:2
called
682:15 695:14 699:14
703:7 714:15 715:3 720:15
calling
711:26
calls
670:16 708:5 721:4
capitalize
720:5
care
662:10
case
662:25 679:15 689:8 720:2
720:8 721:3,5
cathy
663:14,21 666:24 667:14
667:18,21,25 670:26 675:7
675:10,23 677:2,3,19 684:5
cause
721:8,11
centre
661:13
certain
665:11,25 687:13
cetera
663:21 685:17 687:12
690:10 714:22
[4/16/2013] 4/16
chain
670:9 673:21
chair
685:20 687:18
characterized
718:14
check
673:22 675:14,24
checks
675:17,19 678:8
chronologically
714:12
city
678:20
clarity
692:11,13,18
cleanup
680:2
clear
698:22,25
close
678:19 698:23 719:17
closing
668:6
clothing
714:20,21 715:12
clue
720:22
cold
698:24 699:14
comments
663:20
commercially
720:4
communication
715:23
communications
669:23
companies
704:14 714:22
company
678:19 714:15,16 715:3
compensation
679:4,10 695:5,10,13,23
compliance
719:25
concern
711:3
conclude
719:8 720:11
concrete
716:13
conditions
690:17 691:23 704:26
congratulating
668:5
[connection - documents]
connection
698:22,23 714:24
consent
671:17
consistent
720:7,8
contacted
663:18
contacts
698:4
continue
662:21
continued
662:11,23 675:17 699:17
contract
667:13 690:18 704:7,26
contracts
704:19
contractural
706:14
conversation
666:9 667:21 668:2,2,4,14
683:2 706:5,8,10,12,15,22
708:25 709:3,5,6,9 714:18
715:8,12
conversations
663:15 665:10 682:12,15
682:20,22,25 706:9 710:16
copies
685:4,5,14,23,26 686:3,5,6
copy
666:25 668:19 669:7
674:13 687:15 697:18
corner
715:7
correct
668:15,17 670:9 682:4,5
683:20 685:9 689:12,21
691:5,13,14,19,20,21
692:12,20 693:19,20,23
695:7,25 696:3,17 697:4
702:9,20 703:3,4,7,8,12,13
703:18,19,26 704:2 707:17
707:20,21 708:9,10 709:22
709:26 713:15 714:8,9
716:17,18,26 717:20
718:11,21
counsel
671:26 688:10 705:11
711:13
counselor
705:14
county
661:3
couple
663:22
court
661:2,26 662:2,5,19,26
663:6,25,26 664:4,18,26
665:2,15,19,26 666:6,9,18
666:20,26 667:5,9,17,20,23
667:26,26 668:10,26
669:12,26,26 670:4,14,18
670:26 671:5,8,11,16,26
672:10,18,23,26 673:2,5,7
673:11,17,19,26,26 674:6
674:22,26 675:4,26 676:5,7
676:23,24,26 677:9,14,26
677:26 678:26 679:3,6,26
680:5,11,14,19 681:18
683:5,15 688:6,8,10,11,17
688:19,25 690:2,21 691:3
693:2,4,13,14 696:10,21
697:26 698:7,13,20 699:7
700:6,22,26,26 701:23,26
702:13,16,26 703:26
704:26 705:26 706:21,23
706:26,26 707:3,26 708:26
709:26 710:7,11,26 711:10
711:16,26 712:4,13,22,26
713:3,6,8,13,17,26 714:26
715:26 716:26 717:5,6,7,10
717:26 718:26 719:16,26
720:12,21,26,26 721:26
courtroom
662:3 721:14
create
676:8
credibility
719:5
cross
680:1,19,21 681:1 682:1
683:1 684:1 685:1 686:1
687:1 688:1 689:1 690:1
691:1 692:1 693:1 694:1
695:1 696:1 697:1 698:1
699:1 700:1 701:1 702:1
703:1 704:1 705:1 706:1
707:1 708:1 709:1 710:1
711:1,11 712:1 713:1 714:1
715:1 716:1 717:1 718:1
719:1 720:1 721:1
cull
672:8
cut
674:14 695:24
cutting
705:10
d
danzer
662:1,15,19,25 663:1 664:1
665:1 666:1 667:1 668:1
danzer (cont.)
669:1 670:1 671:1 672:1
673:1 674:1 675:1 676:1
677:1 678:1 679:1 680:1,23
681:1 682:1 683:1 684:1
685:1 686:1 687:1 688:1,12
688:17,21 689:1 690:1
691:1 692:1 693:1 694:1
695:1 696:1 697:1 698:1
699:1 700:1 701:1 702:1
703:1 704:1 705:1 706:1
707:1 708:1 709:1 710:1
711:1 712:1 713:1 714:1
715:1 716:1 717:1 718:1
719:1 720:1 721:1
data
700:5
date
671:24 673:14 678:3,6,14
678:17 700:25 709:18,20
716:22
dated
701:13 702:8
dates
689:7,8,10,11,14
david
661:25
day
699:3,8,9,13,15 701:5,14
701:17 702:7,7
days
663:22 675:21 699:15,16
deal
663:2 665:22 666:12,25
668:6 669:21 670:26 690:8
690:9 691:24 692:11,19,22
692:23 693:5,16 695:5,6,23
695:26 703:5,7,25 704:11
704:13,17,20,21 705:7,8,21
705:25 706:2,3,3,4 711:5
714:15,15 716:21 719:3
721:10,11
dealing
692:16
dealt
662:14
dear
697:21 698:9,14
decision
693:11
defendant
661:10,23 671:18 693:5
defendant's
690:26 691:3 694:19 700:3
700:4,6,19,22,24 701:12
704:4 716:9
[4/16/2013] 4/16
defined
703:2,16
definitive
716:15
deposition
684:7,10,13,15,18,20,23
describe
674:3
design
719:26
designation
672:17
detailed
691:23
difference
705:2
different
672:3 699:3 711:18
differently
670:18
direct
662:1,21,23 663:1 664:1
665:1 666:1 667:1,9 668:1
669:1 670:1 671:1 672:1
673:1,16 674:1 675:1 676:1
677:1 678:1 679:1 707:7
717:16
directed
720:7
directing
670:8 711:12
directly
665:22 666:12 712:10
disappointed
716:14
discuss
721:2
discussed
664:13,13,21 684:20,23
discussion
671:12 678:4 688:9
discussions
694:13
document
671:26 672:3 687:11,11,12
691:2 694:20 696:20 700:4
705:5,7
documents
670:17,20,22 677:17,18
680:16 683:21,23,25 685:2
685:5,6,8,11,13,20,22
686:4,7,9,16,17,19,20,21
686:22 687:8,10,12,13,13
687:15,16,22,24 688:2,4
689:6,7 691:24 702:19
705:25 709:13
[doing - finish]
doing
681:10 711:9,11
donald
661:9 684:10 686:25
691:25 692:20 704:14,21
705:7,8,26 706:6 715:10
717:24 718:2,4
donald's
709:17
donna
661:26 662:26 663:26
664:26 665:26 666:26
667:26 668:26 669:26
670:26 671:26 672:26
673:26 674:26 675:26
676:26 677:26 678:26
679:26 700:26 701:26
702:26 703:26 704:26
705:26 706:26 707:26
708:26 709:26 710:26
711:26 712:26 713:26
714:26 715:26 716:26
717:26 718:26 719:26
720:26 721:26
door
714:12
doubt
697:15
draft
675:8
drafted
705:20
dragon
714:17
dress
714:22
dropped
709:24 713:25 716:12
dropping
718:20
duplicate
711:2
duties
719:21
e
earlier
710:15
early
712:18 721:7
earn
719:9
earning
719:14
ease
688:11
effort
711:2
efforts
695:16 704:15 710:24
720:4
eight
666:19 717:10
eighty
717:10
eileen
661:16
either
701:16 702:7 703:5 706:26
715:26 717:3
elements
690:8
emphasis
719:10
employ
678:11
employment
702:26 703:10
encourage
664:15
ended
675:22 678:23
enter
720:15
entered
662:3 694:3
entitled
703:18,20
especially
666:2
esq
661:21,21,25,25
established
690:2
et
663:21 685:17 687:12
690:10 714:22
evans
661:26 662:26 663:26
664:26 665:26 666:26
667:26 668:26 669:26
670:26 671:26 672:26
673:26 674:26 675:26
676:26 677:26 678:26
679:26 700:26 701:26
702:26 703:26 704:26
705:26 706:26 707:26
708:26 709:26 710:26
711:26 712:26 713:26
714:26 715:26 716:26
717:26 718:26 719:26
720:26 721:26
evening
721:6
events
662:9 687:24 688:3
everybody
697:19 698:24,26 699:2,8,9
699:12,14 701:5,16
evidence
663:6 666:21 668:10 670:4
670:6,17 671:15,17,23
672:2,4,5,10,16,19,26
673:8,12,12,14,17,19 675:4
676:4,5,22 677:11,22 678:2
678:6 680:4,12,17 691:3
694:19 696:15 697:6
700:20,22,25,26 701:12
702:17 710:6 716:9 717:3
717:10
ex
662:7,9 688:13
exact
678:14 709:18
exactly
706:4
examination
662:21,23 667:10 680:21
711:11 712:9 717:16
examine
680:19
examined
686:7
exception
684:5
exchange
674:7 675:13
exchanged
674:4
exclamation
719:10
exclusive
692:19,22 703:11 714:7
720:15,20
excuse
663:5 701:22 705:9 706:19
711:8
exhibit
663:4 666:16,20,23,23
668:8,11,21 670:2,8 672:15
672:16 673:16 675:3 678:2
680:3,12,17 700:4,24
exhibits
672:9 673:13 677:24 678:5
688:23 717:4,11
exist
681:10
[4/16/2013] 4/16
experience
680:24 681:2,2,6,12,15,19
681:21,24,26 720:5
explain
701:18,19
explaining
697:22
extension
691:26 693:15 694:4,6
695:7 696:2 702:12 703:10
705:2 719:13
extra
721:10
f
fact
691:6 692:10 693:4,5
698:17 704:25
facts
689:8 690:15
fair
680:26 687:23 697:3
715:22
far
673:10
fast
668:23
favor
694:24
february
694:2,22,23 701:14 702:6
708:21,23 710:20
fee
669:8 703:18,20 704:16
707:15,24 708:3,6 719:9,14
feel
698:2
feeling
694:25
felt
694:16 718:14,15
fifth
707:9
figure
663:16
file
687:5,6 717:24 718:3,4,6
files
686:21,22,25
finalized
666:25
find
706:7 716:20
fine
671:3
finish
713:20
[finished - interruption]
finished
706:21
first
662:16 674:2 681:6 682:6
683:2 686:13 690:7 698:3,3
698:25 704:16,22 709:6
714:21 721:11
five
677:14,19 693:25
flipping
690:7
floor
661:20
followed
669:16
following
664:2 665:4,5 668:21
follows
662:18
forgot
713:10
form
691:24 705:25
forth
664:22 686:23,24 718:6
forty
673:7 676:24 677:14,19
680:8
forward
663:12,20 668:19,23 711:4
711:5
four
673:7 676:24 682:10,11,18
682:23 683:6,23 684:26
685:4,7,14 689:6,23 708:17
709:7
fourth
707:7
frame
708:12
free
693:15 698:2
friday
712:17
friend
698:17 721:4
front
676:24 685:3 701:12
further
662:18 679:17 680:18
g
generate
715:16
george
674:25 675:8,11 684:7,15
718:24 719:2
getting
694:26 695:20 704:18,22
705:3 715:5,11
give
673:8 685:14 686:3,6,26
687:14 697:11 720:22
721:9
given
671:7 697:3
giving
705:11
glosser
663:14,22,26 664:8,19
665:11 666:2,4,7,24 667:14
667:18,21 669:19,23,24
671:2 673:22 674:8,13
675:23 677:2,4,19 686:23
go
662:26 669:14 672:23
675:26 688:12,14 702:22
712:13 715:6 716:16,17
going
668:23 671:15,21 674:3,20
678:19 682:14 683:10
686:4,7 688:8,13 690:9,16
693:13,24 694:21 696:8
697:11,26 698:5 700:19
703:24 704:5 705:21 711:4
713:20 714:4 715:9 718:10
718:23
goldman
661:23,25 663:24 664:3,17
664:25 665:14 666:4 667:4
667:8,16 669:9,25 670:13
670:16 671:4,14,25 673:6
673:23 674:5,21,26 677:8
677:23 679:2 680:1,6,9,20
680:22 681:1 682:1 683:1
684:1 685:1 686:1 687:1
688:1 689:1 690:1 691:1
692:1 693:1,8,11 694:1
695:1 696:1,19 697:1 698:1
698:5 699:1,4 700:2,8,19
701:2 702:2,4,11,14,18
705:13 710:14 711:18
712:3,15 713:9,20,23
719:18 720:10
good
698:17,26 699:10,11 701:4
701:16 702:6,6
granted
719:3
great
696:12
guess
718:14
guys
709:24
hit
706:6
home
h
686:17,19
hagar
honestly
694:8
713:9
hager
honor
678:19 681:15 682:12,16
662:22 669:9 671:6,14,25
682:20 684:13 690:7
672:13 673:9 693:11,12
691:12,15,18 692:11,16
696:9 697:24 700:2
693:24 694:3,22,22 710:17
honorable
710:21,22
661:16
handed
hope
691:2 694:20 696:20
716:19
handle
i
710:22
handling
identification
710:21
676:22 677:13,15 700:5,7
happen
identify
674:20
677:18
happened
ignoring
668:3 674:23,24 676:26
662:12
688:2
importance
happening
692:13
715:10
important
happens
691:7,10 705:23
662:8
impression
happy
697:2
688:20 709:20
inaccurate
hard
692:8
694:25
including
headed
719:23
714:17
independent
hear
688:22
667:26 679:6
index
heard
661:6
716:13
inquire
hearing
710:24 711:19
671:13
insure
hearsay
719:5
712:2
integrity
held
719:6
688:9
interaction
hello
694:15
667:24 688:14
interested
help
678:23
663:12
international
heusen
681:20
663:13,19 664:21,23,23,26 interrupt
665:22 668:6 676:12,19
711:13
714:24,25
interrupted
hey
697:25
693:24
interrupting
high
706:20
690:10 720:6
interruption
highest
688:19
719:6
[4/16/2013] 4/16
[introduced - mass]
introduced
696:15
introduction
704:15
introit
680:18
inventory
719:26
invoice
669:19,20 671:2 675:22
676:13
invoices
676:8,15
involved
707:16
involving
715:26
issue
669:12 671:19 719:8
itkowitz
661:19,21 662:22,24 663:7
664:6 666:16,19,22 667:11
668:7 669:15 670:7 671:6
671:10,20 672:7,12,15,21
672:24 673:9,15,18,20,24
675:2 676:3,4,6 677:10,16
677:22 678:7 679:17 680:2
680:8,13 681:17 682:26
683:3,4,14,16,24 684:21
685:8,12,13,26 686:3,12,13
687:7 688:5,24 689:23,26
690:19 692:26 693:6,10
696:8 697:24 698:12
700:21 701:22 705:9
706:19 710:5,9 711:8,15,26
712:9,12,20,25 713:3,4
717:12
itkowitz's
687:9,17 696:25
j
jay
661:21
jeff
668:20 694:25
jeffrey
661:25
job
694:16 695:2,3
joint
704:15
jsc
661:16
judge
662:7,9
july
668:23,24
june
695:10 703:12 714:7,10,13
717:3 718:10
jurors
662:3,5 688:11 720:26
jury
662:2,4 668:18 671:13
680:23 688:21 689:5
701:11 705:4,6 721:9,13
k
keep
675:8 721:3
ken
663:18,20 664:20 665:21
696:12 697:6,9,10,13,21,21
698:3,9,10,14,15 699:9,10
699:12,14 701:4 702:8
714:14 715:9
kept
711:11,12 715:8 719:6
kill
663:2
kind
711:14
knew
681:19 691:17 694:2,4,6
711:4 713:26 716:16
know
662:6 666:24 667:2,6
677:10 680:6 686:14,15
687:3 693:12 697:7 705:20
706:3,3 709:18 712:5,6,8
712:20 714:6 716:5
knowledge
669:3,6
knows
693:12 712:3
l
late
669:24 674:11
lead
667:9
leading
663:24 664:3,4,17 667:8
669:25 670:13 673:23
674:21 677:8,9 679:2,3
learned
668:26
led
708:13
left
678:10,18,25 685:18,19
686:15 687:17 717:18,18
length
662:11
lengthy
711:11
letter
665:21,24 666:11,24
667:13 668:5,13 691:4,6,12
692:10 696:16,23 697:5,6
697:18 698:9,10,14,17,18
698:24,24,25,26 699:11,13
700:14 701:3,16 702:5,6,8
705:21 706:11 716:10,23
718:10,13
letters
684:5 686:23,24,24 700:16
701:11 702:8 718:6
letting
666:24 706:2
level
719:7
license
703:2,15 704:6 714:21,21
715:13,19 719:22 720:3,9
720:16,21
licensee
695:9 703:12 711:24 720:7
licensees
681:3 719:4
licensee's
719:25
licensing
663:19 665:12 681:10
licensor
681:6,8,11,22,23
licensors
681:3,13,16,21,24 682:2
licensure
665:12
limitation
719:23
line
707:7,9
lines
709:24
list
699:12 711:6
listen
701:23
litigation
682:12
little
688:13
lives
721:4
llp
661:23
long
675:26 693:16
[4/16/2013] 4/16
look
670:19 674:2 676:25
685:14,20 687:16,22,26
688:14 690:26 694:19
707:5 714:22 716:9 718:15
719:20,21 720:13,18
looked
686:17 687:19,24 709:13
looking
666:18 668:19 672:8
677:17 688:4 689:23
694:26 695:3 705:5,6
lose
688:15
lost
713:12
lot
675:5 683:25 708:5
lunch
662:10
m
madison
661:24
mail
668:16 669:22 670:9
673:21 674:2,25 675:7,13
677:19
mailing
698:18
mails
670:11,12,15,19 674:4
manage
719:4
managing
719:14
manner
720:6
march
703:5,6 708:25 709:3,11,15
709:17,18 710:2 713:25
714:6,6,10,13 718:15
mark
673:11,12 677:26 684:13
694:22 706:3,8 711:6,20
marked
663:4 670:2 676:21 677:12
680:17 700:2,4
market
720:5,8
marketing
719:26
mark's
694:9
mass
698:18
[matter - peerless]
matter
663:12 704:23,24
mean
697:7
meant
692:22 716:16
meet
663:22,26 664:9,10 714:8
meeting
663:8,11,13,16,16 664:2,8
664:12 665:5,5 707:23
708:2,6 709:11,15,16,19
713:25 714:11,13,13
718:15
meetings
715:25 716:6
memo
705:3
memorandum
689:16 690:4,6 691:25,26
693:15,18 695:6 702:12,22
707:5,22 719:12
memory
685:25 686:9,18 687:20,23
689:11,13
mentioned
680:16 714:16,23
met
685:8 686:12,13 687:7
715:2 716:11
mid
706:20
midst
665:10
million
690:9 715:16,16,20
mind
689:9 721:3
minutes
713:18 714:25 721:10
month
716:16,17
monthly
695:21
months
682:10,11,18,23 683:6,23
684:26 685:4,8,15 689:6,24
693:25 711:21 716:10
morning
687:21
move
672:24,26 676:3 677:22
678:20 680:3 696:5 711:5
712:21
moving
663:20 678:24
n
name
719:6
necktie
715:15
need
664:20 671:20 672:11
needed
683:7 710:22
negotiation
665:26
negotiations
665:7 703:17 707:10,16,19
707:20 708:8
new
661:2,3,14,14,20,20,24,24
678:20 696:26
nicholas
661:25
nine
688:2
notes
683:19 712:16
november
708:13
nsistent
720:3
number
666:18,21 672:2 702:13
numbers
672:3 677:7 706:6
o
oath
662:20 689:11 701:8,15
702:5
object
696:8 697:24 698:5,12
705:9 706:19
objecting
710:10
objection
663:24 664:3,17,25 665:14
666:4 667:4,8,16 669:25
670:13,16 671:4,7,9,15,18
673:6,23 674:5,21,26 675:2
677:8,23,25 679:2 680:5,7
680:9,10,11,12,15 681:17
683:4,14 688:5,5,24 689:26
690:19 692:26 693:6
698:20 700:21,23 701:26
710:5,7,11 711:26 712:12
712:21,25 713:11
objections
669:10 680:7
obtain
716:14
occasion
663:26
occasionally
694:11
occurred
663:9 664:12 665:9
odds
694:24
offer
700:19
office
685:16,18,19 686:15 687:8
687:9,17 694:13 709:10,17
officer
666:20 668:10 673:2,19
676:23 677:14 691:3
696:21 700:6,26 702:13,16
717:6,10
official
661:26 662:26 663:26
664:26 665:26 666:26
667:26 668:26 669:26
670:26 671:26 672:26
673:26 674:26 675:26
676:26 677:26 678:26
679:26 700:26 701:26
702:26 703:26 704:26
705:26 706:26 707:26
708:26 709:26 710:26
711:26 712:26 713:26
714:26 715:26 716:26
717:26 718:26 719:26
720:26 721:26
oh
679:18 685:24
okay
666:7,8 667:6 672:12
673:24 675:7,8 676:6
680:18 682:3,11 683:16
686:14 689:5 692:10
705:19 710:12 711:5,15
715:8 719:18 721:5
ones
683:26 685:3
open
721:3
opportunity
697:11
option
716:15
order
707:15 721:7,10
organization
664:22 665:7,23 666:3,12
[4/16/2013] 4/16
organization (cont.)
666:14 668:5,26 669:8
675:22 676:9,11,15,20
716:4
original
689:16
originally
698:10
originals
700:16
outcome
679:14
outside
681:17
overruled
690:21 698:20 701:26
owned
686:20
p
page
674:2 699:17 700:4 707:8
718:17,17,18 720:13,18,19
pages
700:3,9,11
paid
676:11 682:3 694:26
695:20
paper
672:5 717:18
paragraph
691:22 694:21 718:16,24
719:21
part
661:3 695:13 714:17
partake
703:17
parte
662:7,9 688:13
parties
665:26
pasted
674:14
pause
668:9 672:14 679:19
688:16 702:15 712:19
717:9 719:19
pay
704:15
payment
668:26 695:5 719:26
payments
675:25 676:16 677:3 684:6
payroll
695:14,17,18,18
peerless
714:16 715:2,3
[pejorative - record]
pejorative
705:13
people
700:17 702:7
percent
669:20 676:12,13
percentage
675:24
perform
691:18 709:25
performance
694:17
period
675:21 703:7,11 714:7
716:15
periodically
719:24
peter
661:21
phillips
663:13,19 664:21,22,23,25
665:21 668:6 676:12,19
714:24
phone
667:14,17,18 707:26 708:5
phrase
670:18
pick
720:25
piece
672:5,10
place
693:19 709:9
placement
720:5
plaintiff
661:6,19 662:1 663:1 664:1
665:1 666:1 667:1 668:1
669:1 670:1 671:1,17 672:1
673:1 674:1 675:1 676:1
677:1 678:1 679:1 680:1
681:1 682:1 683:1 684:1
685:1 686:1 687:1 688:1
689:1 690:1 691:1 692:1
693:1 694:1 695:1 696:1
697:1 698:1 699:1 700:1
701:1 702:1 703:1 704:1
705:1 706:1 707:1 708:1
709:1 710:1 711:1 712:1
713:1 714:1 715:1 716:1
717:1 718:1 719:1 720:1
721:1
plaintiff's
666:16,20 671:15,16,23,26
672:19 673:13 678:2,5
680:17 696:16,19,21
plaintiff's (cont.)
702:16 707:7 717:4
plant
697:15
please
662:5,15 665:16,18,19
667:9 670:5 674:6 675:8
686:26 687:14 688:12
690:26 699:5 701:11,25
705:15 706:23 712:23
713:6,13 714:12 720:11
721:2
pllc
661:19
point
665:11,25 685:18 695:3
713:17 719:10 720:11
portion
688:21,23 689:5
possession
717:12
possible
719:4
post
696:26
posted
675:9
preface
697:22,23
prepared
691:4,6 700:14 707:23
presence
683:24
present
685:12
presented
701:12 703:6
president
663:19 715:3
pressure
694:25
pretty
697:19
previous
675:24
previously
662:17,20
primarily
714:14
prior
681:2,8,12 682:11 710:24
711:21,25
probably
682:10 683:6
proceedings
688:16 721:15
procure
704:6 705:22 708:12
711:24
produced
716:21
product
720:5
production
719:26
program
714:26
promises
679:14
proposal
663:18 664:16,20,21,24
665:5 716:15,20
provided
705:3
provision
707:12
purposes
692:18
pursuant
704:19
pushed
714:25
put
676:5 691:7 692:18 694:24
708:6 711:6
pvh
663:9,16 664:15 666:14,25
669:21 708:12 714:12,14
715:4,7,8,26
q
quality
690:10 720:6
quarter
669:21 675:20,20,21
quarter's
675:24
queens
678:20
question
665:16 669:12 673:25
685:7 689:15 697:25 698:6
698:8,12 701:23 704:2
705:10,15 706:23,24
711:14 712:22 713:6,10,11
713:12 715:4
questioned
686:4
questions
671:21,21 674:6 679:17
680:18 683:18 696:26
710:16
[4/16/2013] 4/16
quits
721:2
r
reach
695:6 710:25
reached
666:14 704:11,14 715:2
read
665:17,19,20 668:18 670:5
670:17 690:12,13,14,24
691:23 692:3,7,8 693:11,21
693:21 694:21 699:4,6
701:24 702:19 704:12,25
705:15,16,23 706:3,23,25
707:6 712:23,24 713:11,13
713:14
reading
697:16
ready
680:19,20 715:11
real
716:22
really
678:14,16 689:16 693:26
694:14,14 710:3 713:3
reason
688:26 696:26 719:2
reasonable
720:4
reasons
677:24 689:2
recall
680:24 683:26 689:15,16
689:19,22,24 690:4 708:13
708:19
recalled
690:6
receive
668:21 670:22 675:10,14
675:16,17,19,23 677:20
679:13 704:17
received
667:12 668:26 669:5,18,21
670:11,25 671:23 673:13
674:25 675:7 676:10,18
678:2,6 700:24
receiving
668:19 677:3 679:4,10
recognize
700:9
recollection
676:26 687:2,23 688:2,3,22
689:9
record
665:20 669:9 671:13 678:4
688:9 705:16 706:25
[record - shirts]
record (cont.)
712:24 713:14 717:17
referenced
718:20
referencing
670:26
refresh
685:25 686:9,18,26 687:20
687:23 688:2
refreshed
689:11,13
refreshes
676:26
regard
664:14
regarding
682:12,23 707:10,16 708:8
710:17
regardless
703:24 705:4
regards
684:6
reiterate
718:14
relationship
665:11 691:11 696:12
706:14
relevance
677:25 680:14
relevancy
669:13 671:19 673:11,12
676:7 680:11
relinquish
665:25
relinquishment
665:13
remain
662:20
remember
669:4 676:18 678:14,17
683:17,19 685:16,17
686:10,18 687:10,12
708:24 710:26 711:10
remembered
687:5,5
remind
662:19
reminded
709:12
rephrase
698:8 702:2 710:13
report
669:7,17,18,19 676:10
reporter
661:26 662:26 663:26
664:26 665:26 666:26
reporter (cont.)
667:26 668:26 669:26
670:26 671:26 672:26
673:26 674:26 675:26
676:26 677:26 678:26
679:26 699:7 700:26
701:26 702:26 703:26
704:26 705:26 706:26
707:26 708:26 709:26
710:26 711:26 712:26
713:26 714:26 715:26
716:26 717:26 718:26
719:26 720:26 721:26
reporting
719:24,26
represent
681:8
representing
681:3,6,13,16,21,24,26
682:2
request
667:7
requested
669:7,16
requesting
673:21
require
720:19
required
682:7,19
requirements
720:2
resolve
662:12
respect
667:7 669:11 674:12
679:14 715:7,8 719:24
respective
662:4
responded
716:25 717:2
response
671:7 689:15 696:25
710:15 717:3
responsibilities
695:19
responsibility
690:17
resumed
662:4,17
resumes
688:18
retired
721:13
review
683:23 686:15 688:23
review (cont.)
689:6
reviewed
683:13,17,18 684:26 685:8
690:11 707:6
reviewing
690:6 719:24
right
662:11 672:8 675:3 686:14
692:11 696:13 706:24
711:16 716:23 721:12
room
721:9
ross
662:26,26 669:24 674:15
684:8,16 686:24 708:23,26
709:15,16,19 712:10
713:24 714:8,19,23 716:10
718:14
ross's
712:15
royalties
669:20 676:11
royalty
669:7,17,18,19 675:24
676:10,17,18 677:2,3 684:6
ruled
693:4,14
ruling
693:7,9
s
sadly
716:21
sat
683:13,17 685:19 687:17
satisfying
690:17
saw
687:4 690:3
saying
665:13,22 666:11 671:2
674:25 675:7 718:5 720:24
says
672:6 691:22 698:9 704:4
704:10 707:9,19 716:12
719:2,22 720:21
scenario
703:21
schedule
719:20 720:14,20
scope
681:17
seated
662:5
seats
662:4
[4/16/2013] 4/16
second
679:18 691:22 694:21
718:24 721:7
seconds
720:10
section
665:3
secure
719:3
seeing
687:10 689:16,20,24 690:4
720:23
seen
684:18 685:5 690:11
sell
678:22
selling
715:11
send
669:8 675:22,23 687:14
699:8
sending
676:15,16,17 677:2,6,6
687:5
sense
714:20
sent
664:20 666:11 667:2 668:5
669:18 670:11,12 674:13
674:14 676:13 686:25
691:12 696:16 697:5,19
698:17,18,26 699:2,2,9,9
699:10,11,13 701:4,4,16
702:6 711:6
sentence
668:18
september
674:11 693:19 695:26
703:16,18 710:2
service
719:22 720:21
services
691:18
set
663:16 664:9
seven
668:10 690:9
seventy
666:19
sheet
717:18
shirt
715:15
shirts
714:22
[shopped - tonight]
shopped
678:23
shortly
701:5
show
663:4 668:7 670:2,3 672:18
672:19 676:21 677:12
680:6 683:21 684:7,10,13
684:15 717:6 721:7,11
showed
684:4 689:23
shown
685:9 696:19 702:11
side
714:25
sidebar
671:12
signature
700:11
signed
674:8 690:18 691:12,15
694:3 703:5,7,16,25 704:7
704:19,21,26 705:24
706:10,11,13 707:14,22
715:12,13
significant
703:17 707:9,16,20 708:8
signing
691:17
sincere
716:20
sir
701:3 705:20 710:15
720:13,18
sit
688:12 689:22
situation
717:25 718:2
six
693:25 700:3,4,9,11 701:11
702:8 711:21
skip
677:11
slowly
704:12 715:11
somebody
703:6 714:8
somewhat
716:13
son
694:9
sorry
676:6 680:2,2,3 688:19
speak
698:2 708:21,23
specific
682:8,9
specifically
704:8,9
spend
672:22
spoke
663:8 664:19,19 687:9
708:16 714:11 715:23
stand
662:17 688:11,13,18
697:14 710:12
standard
671:14
started
662:10 663:14,20 677:6
690:7 703:9 710:20,21
starting
675:6 677:18
state
661:2 671:6
stated
693:18
statement
692:8 697:3,15 713:15,26
statements
676:17,19 677:3,6
step
663:15 706:7
steps
663:11 664:14
stopped
676:15,16,17 677:6 678:8
stopping
672:7
straight
689:8
strategically
714:20
street
661:13
strike
696:5,10
subject
671:18 673:11,12 676:7
680:14 720:3,9
submit
664:16
submitted
664:23 665:6
suggest
672:4,8,13
suit
714:16,26,26
supposed
696:3
supreme
661:2
sure
690:9 691:11 697:17
sustained
663:25 665:2,15 667:5
669:26 670:14 671:5
673:26 674:22 688:6,6
690:2 698:7,13,21
sworn
662:17,20 697:13
t
tail
703:7
tailor
714:20,21 715:12
tailored
697:6,9,10,13,21 698:10,14
714:26
taken
662:10,11
talk
671:8 706:6
talked
675:5 708:11
talking
706:13
target
720:8
tell
665:9 666:6 670:24 674:19
675:16,19 682:25 683:9
688:21 689:5,14 691:20
696:11 697:14 701:11
713:9 714:10,12 715:14
719:12 720:19 721:5
telling
705:2
term
703:3
terms
664:7 674:4 680:11 691:23
694:6 703:14 704:7,26
705:24 707:10,16 708:9
720:3,9
testified
662:18 683:26 685:7
689:10 701:15 702:5
708:16 709:14 712:26
testify
682:15,19 710:7,12,15
712:4
testifying
679:8 680:24 682:23 685:2
689:15 709:14 710:9
[4/16/2013] 4/16
testimony
662:25 679:5,11 682:7
688:22 689:5 697:14
704:18
thank
662:22 707:4 721:12
thereof
720:2
thing
672:6,24 690:11 697:22
712:14 718:8
things
662:8 711:7 717:19 719:25
think
673:7 678:16 693:6,8
694:24 697:11 709:23
713:25 719:9
thinking
667:6
thinks
709:24
thirty
668:10
thought
713:24 716:11
three
676:2 714:17 715:17
ties
714:22
time
662:12 664:9 665:4,6,11,25
666:13 668:25 669:22
670:12 672:22 673:15
674:7 675:21 676:3,14
677:5 678:8,10 680:3 682:6
683:2 685:18,19 686:8
687:17,17 688:7,15,20
695:3 697:12 702:3 703:11
708:12
timeframe
687:2
times
686:8 687:16,19 708:17
today
668:20 679:8 684:2 685:2,9
688:20
told
662:6,26 667:15 680:23
683:7,10 687:26 690:15
692:7 693:26 696:12,25
701:3 709:19 710:3,22
716:11 717:16,18
tomorrow
720:25 721:6,9
tonight
721:2
[top - zero]
top
674:3
transcript
684:7,10,13,15
transcripts
684:18,21,24
transmitted
669:24
trial
663:5 680:3 682:7,8,9,23
683:7,11
triple
714:17
true
663:2 703:22
trump
661:9 664:13,22 665:7,22
666:2,12,14 668:5,26 669:8
669:21 675:22 676:8,11,14
676:19 681:5,8 684:11
686:25 691:25 692:20,23
693:14 695:9,16,19,23
703:12 704:14,21 705:7,8
705:22,26 706:6 708:17,21
709:4,5,15,16 710:23
711:25 712:17 714:8,18,23
715:10,15,26 716:2,3,5,6
716:11 717:24,24 718:2,4
719:6,24 720:6,7,15
trump's
709:10 719:23
truth
701:17,20,21
truthful
689:19
try
663:14 714:15
turn
718:23
typed
691:20
u
ultimately
708:13
unaware
671:26
understand
673:10 691:23 704:25
706:3 719:2
understanding
681:20 689:17 690:5,6
691:26 692:2,19 693:15,18
695:7 702:12,23 705:3
707:6,23 719:13
understood
692:5,13 693:21 702:20
understood (cont.)
703:9 705:24 706:5
undertaking
690:16
unfortunately
671:25 713:18 720:26
unlimited
661:5
use
672:4 693:16 713:21
utilize
720:4
utilizing
720:6
v
value
716:22
van
663:13,19 664:21,22,23,25
665:21 668:6 676:12,19
714:24,24
various
686:8
voluntarily
678:25 679:8
w
wait
679:18 721:7
waiting
699:11
want
665:17 667:26 671:8
672:18,19 678:21 680:6
686:14,15 688:15 693:12
697:15,22 705:4,6 706:4
710:12 711:2 712:13
713:17 715:6 716:5
wanted
662:6 663:17,17 664:13,14
664:22 678:22 691:10
692:11 714:19
waste
702:3
week
662:7 682:23 694:22
weekly
695:20
wenig
661:23
went
687:9 700:16
we've
669:10
wide
708:12
wiltenburg
661:21
withdraw
663:7 672:15 673:24
712:20 713:4
withdrawn
699:3 713:2,23
witness
662:17 665:18 666:8,11
667:18,24 668:4,7 672:18
672:20 673:16 676:23
683:10 685:19 688:18
691:2 694:20 696:20
697:25 702:11 705:10
706:20 711:9 712:10,25
717:6 720:23
wonderful
721:6
word
679:6 710:8,11
work
688:13 694:10,14 714:15
worked
694:11,12 712:10 713:12
714:14
working
678:21 681:2 694:14,25
695:15 705:22 710:3,17
write
665:24 670:20 674:16
687:11 718:24
writing
687:5 694:3 717:2
written
674:8
wrong
692:25 693:3 697:14
wrote
665:21 668:13 670:24,26
674:17 692:10 716:10
718:10
wyse
663:18 664:20 665:21
696:12,16 697:2,5,6,9,10
697:13,21 698:10,14,23
699:9,10,14 701:4 714:14
715:9,23
wyse's
702:8
y
yeah
686:18
year
715:17
years
676:2 688:3 690:9
[4/16/2013] 4/16
yesterday
662:7 680:23 687:18,20
689:10,14,15,22 708:11
709:14 712:9 714:11,17
york
661:2,3,14,14,20,20,24,24
678:20 696:26
z
zero
696:2,6

1 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY

Transcription

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